New Delhi – The Karnataka High Court had quashed criminal proceedings against individuals accused of chanting ‘Jai Shriram’ inside a mosque, ruling that this did not amount to hurting religious sentiments. Haider Ali challenged this verdict in the Supreme Court. During the hearing, the Supreme Court asked, ‘How does chanting ‘Jai Shriram’ inside a mosque amount to a crime ?’
1. On 24th September 2023, some people reportedly chanted ‘Jai Shriram’ slogans inside the Badriya Juma Masjid in Aitur village, Karnataka. Police arrested two individuals in connection with the incident, though they were later granted bail. On 13th September, the Karnataka High Court quashed the proceedings.
2. The petitioner argued that the High Court erred in dismissing the case. The Police investigation had not been completed, and all the evidence had not been presented before the Court. Forcibly entering a mosque constitutes a crime, and chanting ‘Jai Shriram’ inside it could incite communal violence – also a punishable offence. Since the incident occurred within a mosque, it allegedly posed a threat to the lives of Muslims present. Before issuing an interim order, the High Court should have allowed the Police to complete their investigation.
3. The Supreme Court questioned, “They chanted a particular religious slogan – where is the crime in that? How was the identity of the accused confirmed as those chanting inside the mosque? You claim CCTV footage captured the incident.
4. The Supreme Court further noted that the High Court had clearly held that the provisions of Section 503 (criminal intimidation) and Section 447 (criminal trespass) of the Indian Penal Code did not apply to the allegations.
Karnataka High Court’s observation
In its order, the Karnataka High Court stated that ‘It is difficult to understand how chanting ‘Jai Shriram’ could hurt the religious sentiments of any community’. The Court also noted that the incident neither caused public disorder nor created communal divisions.
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