New Delhi: An appeal has been filed before the Supreme Court challenging the Karnataka High Court's decision, which ruled that shouting "Jai Shri Ram" inside a mosque does not amount to the offence of outraging religious feelings under section 295A of the Indian Penal Code (IPC).
The case arose after two individuals, Keerthan Kumar and Sachin Kumar, allegedly entered the Badriya Juma Masjid in Kadaba Taluk of Dakshina Kannada district, shouted the slogan, and threatened the local Muslim community. They were booked by the police under various provisions of the IPC, including sections 295A (acts intended to outrage religious feelings), 447 (criminal trespass), and 506 (criminal intimidation).
On September 13, the Karnataka High Court quashed the criminal proceedings, stating that shouting "Jai Shri Ram" did not meet the threshold for section 295A, and did not disturb public order. The court noted that the area had a history of Hindu-Muslim harmony and emphasized that acts lacking a detrimental effect on public peace could not be considered an offence under this section.
However, the complainant has now approached the Supreme Court, arguing that the High Court's approach was overly narrow and contrary to Supreme Court rulings. The complainant contends that the allegations, when viewed in their entirety, point to the commission of cognizable offences. Additionally, the plea argues that the High Court’s ruling could encourage antisocial elements to misuse religious slogans for inciting violence, referencing the potential misuse of such chants in mob lynchings and attacks on minorities.
The matter is scheduled for hearing before a Bench of Justices Pankaj Mithal and Sandeep Mehta on December 16.
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He was produced before the Chief Judicial Magistrate's Court and remanded to three days police custody.
A case was registered at the Cyber Police Station, Panbazar under relevant sections of the Bharatiya Nyay Sanhita, read with relevant sections of the Information Technology Act, 2000; the Copyright Act, 1957 and Cinematograph Act, 1952.
The complaint was filed by the film's producer Shyamantak Gautam with the Cyber Police Station, Panbazar, alleging that the film was being uploaded by unauthorised persons within a few days of the film's release on October 31.
Zubeen Garg's last film has become the highest-grossing film in the history of the Assamese film industry, earning Rs 16 crore within the first 12 days of its release.
