Slogan against SC verdict on Babri Masjid case cannot be taken lightly: Karnataka HC
Bengaluru, Oct 31: The High Court of Karnataka has quashed a case against an alleged Campus Front of India (CFI) member, who shouted slogans against the Supreme Court judgement in the Babri Masjid case, because the police had failed to seek sanction from the government before charging him under Section 153A of IPC.
However, the court has said that shouting slogans against the judgement amounted to spreading hatred among communities which cannot be taken lightly.
The court noted that the accused Safwan "went along with the others with the banner of CFI and protested against the judgment of the Hon'ble Supreme Court delivered in Ayodhya-Babri Masjid case which is nothing but promoting enmity between two groups on the ground of religion."
This is an act which is prejudicial to maintenance of harmony in Mangaluru area, where the accused persons agitated against the judgment, and it cannot be taken lightly, the court further said.
Safwan was charged under Section 153A read with Section 149 of Indian Penal Code and Section 3 of Karnataka Open Space Disfigurement Act by the Konaje police in Mangaluru.
Section 153A of IPC states "whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine." But under Section 196 of the Criminal Procedure Code, sanction of the government is necessary to file a case under Section 153A of IPC.
It was alleged that on November 17, 2019, Safwan and other accused had shouted slogans near the Mangaluru University and "also affixed the posters in public places near the Badria Jumma Masjid, Deralakatte with a caption "all should awake against refusal and for justice and to raise slogan" and also in the university campus at Mangaluru calling the public, especially, the Muslim community to raise slogans against the violation of justice in respect of the judgment delivered in Ayodhya-Babri Masjid case by the Hon'ble Supreme Court."
Justice K Natarajan quashed the case pending against Safwan on October 14.
Last month, the central government banned the Popular Front of India (PFI) and its affiliate organisations, including the Campus Front of India, for five years over alleged links to terrorism.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
