Karnataka High Court refuses to quash probe against WhatsApp admin for offensive content against Hindu deities, politicians

Bengaluru: The Karnataka High Court has refused to quash the investigation against a WhatsApp group admin for depicting Hindu deities and certain politicians through obscene and offensive images in the group chat in 2021. “The offence under Section 295A of the IPC is met to every word of its ingredient albeit, prima facie,” Justice M Nagaprasanna said.

The petitioner Sirajuddin, a resident of Belthangady taluk of Dakshina Kannada district, challenged the crime registered against him in 2021 at the CEN (Cyber, Economics, Narcotics Crime) police station in Mangaluru for offences under IPC section 295A and section 67 of Information Technology Act. Section 295A is punishment for outraging the religious feelings of any class of citizens, insulting or attempting to insult the religion or the religious beliefs.

The complainant, K Jayaraj Salian, a resident of Belthangady taluk, claimed to have received a WhatsApp link from an unknown source and he was added to the group upon accessing the link. The group consisted of six administrators and nearly 250 participants. The complainant contended that obscene and offensive images, depicting Hindu deities and certain political figures had been repeatedly circulated in the group.

The petitioner was arrested and was released on bail on February 16, 2021. It was argued that the petitioner was singled out among the other administrators and that the creator of the group was not arrested and no investigation conducted against him. The petitioner contended that the Magistrate cannot take cognizance of the offence under IPC section 295A, as no previous sanction as necessary under CrPC section 196(1), was obtained from any of the competent authorities.

Justice Nagaprasanna noted that prior sanction is required only at the stage of taking cognizance and not required at the stage of registration of the crime or investigation. “The State produced the entire investigation material before this Court, a perusal of which contains depictions of Hindu deities in an extraordinarily obscene, demeaning and profane manner. The content is such that reproduction thereof, in a judicial order, would itself be inappropriate. Suffice it to observe that the material on its face has the tendency to outrage religious feelings and disturb communal harmony,” Justice Nagaprasanna said, adding that the material on its face has the tendency to outrage religious feelings and disturb communal harmony.

“The matter is still at the stage of investigation. What could be the outcome of the investigation is yet to be known. Therefore, this Court cannot now interdict the investigation of an offence of such nature. While this Court notes with some concern that the Investigating Officer appears to have blissfully ignored proceeding uniformly against all administrators of the group, if the investigation leads to any member being actively involved in permitting circulation of such pictures, they must be brought to book. At this investigative stage, any further observation at the hands of this Court would be unnecessary,” the court said.