Karnataka High Court Rules "Jai Shri Ram" Chant in Mosque Doesn't Constitute Religious Offense.

The Karnataka High Court recently quashed criminal proceedings against two men, Keerthan Kumar and Sachin Kumar, who were booked for shouting "Jai Shri Ram" inside a mosque in Dakshin Kannada district. Justice M Nagaprasanna ruled that the act did not outrage the religious feelings of any class, as required under Section 295A of the Indian Penal Code.

The court observed that the complainant himself stated that Hindus and Muslims live in harmony in the area, and the incident did not disrupt public order. The petitioners' counsel argued that a mosque is a public place, and therefore, there was no case of criminal trespass. Additionally, shouting "Jai Shri Ram" did not meet the requirements of an offense under Section 295A.

The state government opposed the plea, seeking further investigation. However, the court held that permitting further proceedings would be an abuse of the process of law and result in miscarriage of justice.

The ruling emphasized that not every act constitutes an offense under Section 295A. The Supreme Court has established that only acts that affect public peace and destruction of public order qualify as offenses under this section.

1. Shouting "Jai Shri Ram" inside a mosque does not outrage religious feelings.

2. The incident did not disrupt public order.

3. A mosque is considered a public place.

4. Section 295A requires deliberate and malicious acts intending to outrage religious feelings.

This judgment highlights the importance of balancing religious freedom with public order and harmony. It sets a precedent for similar cases, emphasizing the need for careful consideration of context and intent before initiating criminal proceedings. The ruling also underscores the significance of maintaining communal harmony and avoiding unnecessary polarization.