Alok Singh
On 14 Dec, 2024, an appeal against the Karnataka High Court order dated 13 September 2024, in Haydhar Ali CM v. Keerthana Kumar and Ors, has been listed before a Bench comprising Justice Pankaj Mithal and Justice Sandeep Mehta for hearing on December 16.
The High Court had held that shouting ‘Jai Shri Ram’ near a mosque does not constitute the offence of outraging religious feelings or sentiments. On September 13, 2024, the Karnataka High Court quashed criminal proceedings against two individuals accused of offending religious sentiments by shouting communal slogans (‘Jai Shri Ram’) near a mosque in Dakshina Kannada district.
Both men were charged under Sections 447 (criminal trespass), 295A (outrage religious feelings), 505 (public mischief or disruption), and 506 (criminal intimidation) of the Indian Penal Code.
Justice M. Nagaprasanna concluded that the allegations lacked prima facie evidence and that allowing such proceedings to continue would constitute an abuse of the legal process, highlighting the need for clear intent and substantial evidence in criminal prosecutions.
The rationale behind the High Court decision was that the particular act lacked ‘malicious intent’, no evidence of public mischief, disruption, or criminal trespass, and no credible claims of intimidation.
Case Name: Haydhar Ali CM v. Keerthan Kumar and Others
Case Number: Writ Petition No. 25591 of 2023
Bench: Justice Pankaj Mithal and Justice Sandeep Mehta