Slogans, protests against Ayodhya verdict promote religious enmity, says Karnataka High Court

The high court has said that an act of raising slogans, protesting against the judgment of the apex court in Ayodhya-Babri Masjid case, is nothing but an offence against the state by way of promoting enmity between two groups on the ground of religion, prejudicial to maintenance of harmony.

However, the court quashed the proceedings against the petitioner Safwan on the ground that prior sanction was not obtained to proceed under section 153 A of IPC.

The Konaje police had registered a suo motu case on November 17, 2019. It was alleged that the petitioner and others from Campus Front of India (CFI), student wing of recently banned Popular Front of India (PFI) raised slogans against the apex court order. The prosecution case was that the accused persons also affixed certain posters at public places near the Badria Jumma Masjid at Deralakatte and also at Mangalore University campus calling upon the public, especially the Muslim community, to raise slogans against the judgment in Ayodhya-Babri Masjid case.

In his petition, Safwan submitted that he has been falsely implicated in the case and claimed that he is not a member of CFI or PFI. The government advocate argued that petitioner is a member of CFI and there are eye witnesses who had seen him taking part in the protest.

“There are witnesses, who have stated the presence of the petitioner among the group, who agitated against the judgment of the Supreme Court, delivered in Ayodhya-Babri Masjid case, which is nothing but the offence against the State punishable under Section 153-A of IPC. The counsel for the petitioner has not argued on the point of law under Section 196 of CrPC, where sanction of the government is necessary for taking cognisance for the offences punishable under section 153-A of IPC. The High Court Government Pleader has also not produced any such sanction granted by the state and also nowhere in the charge sheet the police have stated that they have obtained sanction while filing the charge sheet.

The magistrate has taken the cognisance without considering the fact as to whether the prosecution has obtained sanction from the state government. Therefore, the criminal proceedings against the petitioner are liable to be quashed for want of sanction," Justice K Natarajan said.