SC questions legality of Jai Shri Ram as offence in Mosque case

New Delhi: The Supreme Court on Monday December 16, 2024 asked how raising the slogan of “Jai Shri Ram” a criminal offence. A bench of Justices Pankaj Mithal and Sandeep Mehta made the observation while hearing a plea challenging the Karnataka High Court’s order quashing the proceedings against two persons for allegedly shouting “Jai Shri Ram” inside a mosque.

“They were shouting a particular religious phrase or a name. How is that an offence?” asked the bench on the plea filed by the complainant Haydhar Ali C.M.

Who identified the persons who came inside?” the bench asked further. 

Kamat said the high court quashed the proceedings even though the investigation in the case was incomplete.
 The bench said the high court observed the allegations did not touch the ingredients of Section 503 or Section 447 of the IPC.
 While Section 503 of the IPC deals with criminal intimidation, Section 447 pertains to punishment for criminal trespass.

Referring to the complaint, Kamat said an FIR was not an encyclopedia of offences. When the bench asked, “Have you been able to identify the actual persons who entered the mosque?”

Kamat said the state police would have to explain it. The bench asked the petitioner to serve a copy of the plea to the state and posted the matter in January, 2025.

The high court in its order said, “It is ununderstandable as to how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class.”

Observing there was no allegation the incident alleged had caused public mischief or any rift, the HC said, “The complaint itself narrates that the complainant has not even seen who is the one who is alleged to have committed offence of criminal intimidation attracting ingredients of section 506 of the IPC.”

The HC order was passed on a plea filed by two persons, who were alleged to have entered a mosque and shouted religious slogan, seeking quashing of the FIR and proceedings against them in the case.

It was alleged that the incident took on September 24, 2023, and a complaint was filed in the Kadaba Police Station, Puttur circle. The complainant alleged that some unknown persons had barged into the mosque and shouted “Jai Shri Ram” followed by threats.

“Finding no ingredients of any of the offences so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice,” held the high court.

( Source : PTI )