Supreme Court On Mosque Sloganeering Case Questions, ‘How Is Shouting Jai Shri Ram An Offence?’

The Supreme Court questioned treating "Jai Shri Ram' sloganeering as an offence in a case over shouting the slogan in a Karnataka mosque. The top court also asked how the accused were identified.

File Photo of Supreme Court

Source : PTI

The Supreme Court on Monday questioned treating the raising the slogan 'Jai Shri Ram' as an offence, observing that merely shouting a religious phrase or name does not constitute a criminal act. A bench of Justices Pankaj Mithal and Sandeep Mehta made the remarks while hearing a plea challenging a Karnataka High Court order that quashed criminal proceedings against two individuals accused of shouting Jai Shri Ram inside a mosque in September 2023. The plea was filed by the complainant, Haydhar Ali C M. 

“They were shouting a particular religious phrase or a name. How is that an offence?” the bench asked during the hearing, as quoted by news agency PTI.  

The apex court also questioned the complainant’s ability to identify the accused individuals. “How do you identify these respondents? You say they are all under the CCTV... Who identified the persons who came inside?” the bench inquired, directing senior advocate Devadatt Kamat, representing the petitioner, to clarify.  

Kamat argued that the High Court quashed the proceedings despite the investigation being incomplete. He contended that the FIR should not be treated as an exhaustive document. Responding to the bench's question on whether the accused were identified, Kamat stated that it was the state police's responsibility to provide explanations.  

The Supreme Court has directed the petitioner to serve a copy of the plea to the state and posted the matter for hearing in January 2025.  

Karnataka High Court Quashed Proceedings Against 2 For Raising 'Jai Shri Ram' Slogan In Mosque 

The Karnataka High Court, in its September 13 order, quashed the criminal proceedings against the two individuals, ruling that the allegations lacked the elements required under Sections 503 (criminal intimidation) and 447 (criminal trespass) of the Bharatiya Nyaya Sanhita.  

“It is ununderstandable as to how if someone shouts 'Jai Shri Ram', it would outrage the religious feeling of any class,” the High Court noted in its order, as per PTI. It further observed that there was no claim that the incident caused public mischief or communal tension.  

The High Court also highlighted inconsistencies in the complaint. “The complaint itself narrates that the complainant has not even seen who is the one who is alleged to have committed the offence of criminal intimidation attracting ingredients of Section 506 of the IPC,” it said.  

The case stems from an incident on September 24, 2023, when unknown individuals allegedly barged into a mosque in Kadaba, Puttur circle, and shouted Jai Shri Ram, followed by threats. The complainant subsequently lodged a complaint at the Kadaba Police Station.  

In its decision to quash the FIR, the High Court remarked, “Finding no ingredients of any of the offences so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice.”