Karnataka HC allows probe to continue against WhatsApp group admin over content on Hindu deities
Bengaluru: The Karnataka High Court has declined to interfere with an ongoing investigation against a WhatsApp group administrator accused of allowing the circulation of obscene and offensive images depicting Hindu deities and certain political figures, observing that the allegations prima facie attract offences under the law.
Justice M Nagaprasanna, while dismissing the petition filed by Sirajuddin, held that the essential ingredients of Section 295A of the Indian Penal Code, which deals with acts intended to outrage religious feelings, were made out at this stage. The court said it could not halt an investigation of such nature when the matter was still at a preliminary stage, as reported by Deccan Herald.
Sirajuddin, a resident of Belthangady taluk in Dakshina Kannada district, had approached the High Court seeking to quash a case registered against him in 2021 by the Cyber, Economics and Narcotics Crime police station in Mangaluru. The case was booked under Section 295A of the IPC and Section 67 of the Information Technology Act, which relates to the transmission of obscene material in electronic form.
The complaint was filed by K Jayaraj Salian, who alleged that he had been added to a WhatsApp group through a link received from an unknown source. According to the complaint, the group had around six administrators and nearly 250 members, and obscene images depicting Hindu deities and certain political leaders were repeatedly shared in the group chat.
Sirajuddin was arrested in connection with the case and later released on bail on February 16, 2021. Before the High Court, he argued that he had been selectively targeted while no action was taken against the other administrators, including the creator of the group. He also contended that the case under Section 295A could not proceed in the absence of prior sanction under Section 196(1) of the Code of Criminal Procedure.
Rejecting the argument, the court clarified that prior sanction is required only at the stage when a magistrate takes cognisance of the offence and not at the stage of registration of a case or during investigation. The state placed the investigation material before the court, which, according to Justice Nagaprasanna, contained highly obscene and demeaning depictions of Hindu deities.
The judge noted that the content was such that reproducing it in a judicial order would itself be inappropriate, adding that the material, on its face, had the potential to outrage religious feelings and disturb communal harmony.
While expressing concern that the investigating agency appeared not to have proceeded uniformly against all administrators of the group, the court said it was premature to draw conclusions. It observed that if the investigation reveals active involvement of other administrators or members in permitting the circulation of such content, they too would have to face action under the law.
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Apr 9 bypolls: Cong under illusion of winning with money, liquor, muscle power, says Yediyurappa
Bagalkot (Karnataka) (PTI): Veteran BJP leader B S Yediyurappa on Sunday alleged that Congress leaders came to campaign for bypolls two Karnataka constituencies with "suitcases full of money", under the illusion that they can win with cash, liquor and muscle power.
But people will "teach them a lesson," the former Chief Minister told reporters.
He also accused the Congress government in the state of indulging in corruption, "intoxicated by power".
"There is no need to have any doubt. They (ruling Congress leaders) have come with suitcases full of money under the illusion that they can win the election with money, liquor and muscle power," Yediyurappa said, taking a dig at CM Siddaramaiah and his cabinet for camping in poll bound constituencies for about a week now.
People have decided to ensure the victory of BJP candidates, and will reject the Congress' allurements, he added.
"By ensuring the victory of BJP's candidates in both Bagalkot and Davanagere South, people have decided to teach a lesson to the corrupt Congress government and CM Siddaramaiah, who have indulged in large scale corruption intoxicated with power," he said, and claimed that BJP is getting good response from the public during the campaign.
Bypolls for the Bagalkot and Davanagere South Assembly constituencies will be held on April 9. The polls were necessitated following the deaths of senior Congress MLAs H Y Meti and Shamanur Shivashankarappa, respectively.
Yediyurappa alleged that the Congress was indulging in a "daylight robbery" by emptying the government's treasury.
Responding to a question, he said, the minority Muslim community is also aware of the Congress' "true colours", and will not fall for their allurements. "I think they too will stand by us," he added.
The BJP leader said that Siddaramaiah knows Congress is certain to lose in the bypolls and has therefore been campaigning in both constituencies for about a week now.
