'Pak Zindabad' FB post: HC quashes proceedings for not obtaining sanction in Karnataka

The Kalaburagi bench of the high court has quashed the proceedings against a person from Manvi in Raichur for uploading a video on Facebook which contained a conversation, ‘Har dil ki awaaz, Pakistan Zindabad’.

The court, however, has reserved liberty to the police to initiate proceedings afresh after complying with provisions of Section 196 of CrPC by obtaining proper sanction for prosecution.

The petitioner K M Basha, a construction labourer, was booked under IPC Sections 505 (1) (a), 505 (1) (b) and 505 (2). The complaint was filed by the sub-inspector of police attached to the Manvi police alleging that on October 5, 2020, Basha had posted a message wherein purportedly a soldier of Pakistan was conversing with a lady with the words ‘Har dil ki awaaz, Pakistan Zindabad.’

The sub-inspector, after verification of the message on Facebook, complained to the station house officer with a report stating that sharing such a message would amount to insulting the soldiers of our country resulting in demoralising them and also disturbing peace and tranquility of the society. The matter was investigated and the magistrate took cognizance of the offence.

The petitioner claimed that the registration of crime is illegal, arbitrary and also contended that no sanction was obtained either from the state or central government to prosecute, a pre-requirement under the law.

Justice V Shrishananda noted that the report of the sub-inspector was not properly registered while being investigated and necessary compliance to the provisions of CrPC section 196 (1) was not followed. “It is also clear from the provisions that before such a sanction could be granted, preliminary investigation is to be conducted in respect of the offence punishable under Section 505 of IPC by the competent authority by a person as is contemplated under Section 196(3) of CrPC. On perusal of the material on record in the case on hand, no such compliance has been made,” the court said.

The court further said, “However, quashing of the order dated 12-07-2021 would not prevent the investigating agency to comply the provisions of Section 196 of CrPC and investigate the matter afresh in accordance with law, and if sufficient materials are found in such investigation, the investigating agency is at liberty to file necessary charge sheet and proceed with the case in accordance with law,” the court said.