Petition in SC challenges Karnataka HC order quashing FIR on raising 'Jai Shri Ram' slogan in mosque

New Delhi: A petition has been filed in the Supreme Court questioning the the Karnataka High Court's order of September 13, 2024 which quashed an FIR lodged against two men for raising 'Jai Shri Ram' slogan in mosque premises.

The high court's single judge bench of Justice M Nagaprasanna had said, "It is ununderstandable as to how if someone shouts 'Jai Shri Ram' it would outrage the religious feeling of any class, when the complainant himself states that Hindu - Muslims are living in harmony in the area".

The HC had then quashed the FIR lodged against Keerthan Kumar and Sachin Kumar N M and criminal proceedings on a complaint filed by Haydhar Ali CM on September 25, 2023 with Kadaba police station in Dakshina Kannada district.

In a special leave petition, the complainant contended the high court has completely ignored the dictum laid down by this court in the several cases against impeding the investigation at the inception.

"The entire investigation has been stultified since the issuance of notice on November 29, 2023, when the High Court stayed the criminal proceedings in the matter," the plea said.

The observation of the HC that shouting 'Jai Sri Ram' will not outrage the religious feelings of any class and the incident by no stretch of imagination can result in acrimony itself shows that the occurrence of the incident cannot be denied, at least at this stage, the plea said.

The petition stated it is also well settled that inherent powers of the high court are not meant to be exercised to stifle legitimate prosecution.

The present case is not one of those rarest of the rare cases, where prosecution is required to be scuttled at the very inception itself, it said.

The fact that the incident has taken place within the mosque premises, coupled with the threat given to the lives of Muslims, showed that the investigation ought not have been impeded as has been done by the HC in the present case, the pleas said. Since the crux of the allegations does show the commission of cognisable offences which require investigation, all of which is legitimate prosecution, the plea further added.