The Supreme Court is set to hear a plea on Monday (Dec 16) challenging the Karnataka High Court’s decision to set aside criminal proceedings against two men accused of raising ‘Jai Shri Ram’ slogans inside a mosque in Karnataka. The case stems from a September 2023 incident at the Badriya Juma Masjid in Dakshina Kannada, where two men allegedly entered the mosque premises, chanted ‘Jai Shri Ram’, and threatened members of the Muslim community, stating they “will not let Bearys (or Byari, a Muslim community) live in peace.”
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NEW DELHI: The Supreme Court is set to review a petition on Monday that challenges the Karnataka High Court’s decision to dismiss criminal proceedings against two individuals accused of chanting “Jai Shri Ram” within a mosque in Karnataka.
This controversial case has garnered attention due to its implications on religious harmony and legal interpretation.
The Incident at Badriya Juma Masjid
The case originates from an incident in September 2023 at the Badriya Juma Masjid in Dakshina Kannada district.
According to the allegations, two men unlawfully entered the mosque premises, raised “Jai Shri Ram” slogans, and issued threats against the Muslim community.
They allegedly declared that they
“will not let Bearys (or Byari, a Muslim community) live in peace.”
The incident was reportedly captured on the mosque’s CCTV system. Members of the mosque’s office intervened after hearing the commotion, which led to the men fleeing the scene. An FIR was subsequently filed, citing Sections 447, 295A, 505, and 506 of the Indian Penal Code (IPC).
These charges include criminal trespass, intentional insult to religious beliefs, public mischief, and criminal intimidation.
High Court’s Decision to Quash FIR
In October, the Karnataka High Court quashed the FIR after previously staying the police investigation. The court reasoned that the accusations failed to meet the essential elements required to constitute the alleged offences under the IPC.
It further observed that chanting “Jai Shri Ram” does not inherently harm religious sentiments.
Petitioner’s Argument in Supreme Court
Dissatisfied with the High Court’s ruling, the petitioner approached the Supreme Court, arguing that the context of the incident was overlooked. The plea emphasized that the act of chanting “Jai Shri Ram” was not an isolated occurrence but was deliberately done after trespassing onto mosque property and issuing direct threats against the Muslim community.
The petition further claims that the High Court committed a legal error by halting the investigation prematurely and subsequently dismissing the FIR.
It asserts that the FIR outlined prima facie evidence of both cognizable and non-cognizable offences, necessitating a thorough investigation.
Supreme Court to Review High Court’s Rationale
The Supreme Court is expected to delve into whether the High Court’s decision to dismiss the proceedings was legally sound and whether the investigation should be resumed.
This case raises broader questions about the balance between freedom of expression and maintaining communal harmony.
The hearing is scheduled to take place on Monday.
Click Here to Read Previous Reports on Jai Shri Ram Chant
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