'No intention to insult SC/ST community': Karnataka HC quashes case against Jain university students, faculty

The case was registered based on the complaint filed by the Assistant Director, Social Welfare Department for offences under the SC and ST Prevention of Atrocities Act alleging that the skit denigrated Dr BR Ambedkar.

Bengaluru: The Karnataka High Court has quashed proceedings against seven students and two faculty members of Centre for Management Studies of Jain University for staging a satirical drama skit revolving around the reservation system.

The case was registered based on the complaint filed by the Assistant Director, Social Welfare Department for offences under the SC and ST Prevention of Atrocities Act alleging that the skit disparaged Dr BR Ambedkar.

The skit titled ‘Mad Ads’ was performed on February 8, 2023 at Nimhans convention center as part of the Jain University Youth Fest - 2023.

On February 10, 2023, KN Madhusudhana, Assistant Director, Social Welfare Department filed a complaint with the Siddapura police for offences under sections 3(1)(r), 3(1) (s) and 3(1) of the Atrocities Act and under sections 153A, 149 and 295A of the IPC.

Dinesh Neelakant Borkar, Director, Centre for Management Studies, Prateek Thodkar P, Assistant Professor of the Commerce Department and the students, who performed the skit, filed separate petitions challenging the proceedings.

The Director and the Assistant Professor contended that they were not at all present at the venue at the time of the skit being staged on February 8, 2023. It was further claimed that they had no role either in authoring the script or the performance. It was argued on behalf of the students the skit was an expression of bonafide opinion in the form of satire.

After perusing the complaint, FIR as well as the transcript of the short play/skit, Justice SR Krishna Kumar observed that necessary ingredients constituting the offences alleged are conspicuously absent, especially when the skit was performed “for mere/sheer entertainment purposes and not with any intention to harm or humiliate any community or race nor make any reference to a particular religion or religious belief.”

“It is pertinent to note that the impugned FIR has not been lodged by a person who is the member of the SC/ST community and there is no material to indicate that the petitioners had any specific intention to insult or intimidate with an intent to humiliate a member of SC/ST community in any place within a public view.

"Also, the skit / short play performed by the petitioner was in the nature of satire / entertainment, which is constitutionally protected under Article 19 of the Constitution of India, which guarantees freedom of speech and expression and the impugned FIR clearly does not meet or satisfy the basic ingredients of the offences alleged against the petitioner,” Justice Krishna Kumar said.