The apex court will hear the matter in January after obtaining a response from the Karnataka government
Team Clarion
NEW DELHI – The Supreme Court of India has posed a critical question regarding the legality of chanting “Jai Shri Ram” inside a mosque, asking, “How’s that an offence?” The question arose during the hearing of a petition that questioned whether the act of shouting the religious slogan in a mosque could be criminally charged.
The court, however, declined to immediately issue a notice in a petition challenging the dismissal of the case related to chanting the Hindu slogan in the mosque.
The court instructed the petitioner, Haider Ali, to provide a copy of his petition to the Karnataka Government and stated that it would hear the matter in January after obtaining the state’s response.
The case centres around an incident where a group of individuals allegedly shouted “Jai Shri Ram” inside a mosque, an act that some deemed offensive and disrespectful to the sanctity of the religious space.
The petitioners argued that the act could lead to communal discord and should be treated as unlawful. In contrast, others maintained that it was merely an expression of faith, invoking the right to freedom of speech.
During the hearing, the Supreme Court’s bench, comprising Justices Pankaj Mithal and Sandeep Mehta, raised concerns over the interpretation of the act as a criminal offence. The court questioned whether the mere chanting of a religious slogan in a mosque could be legally categorised as an offence, especially in the absence of evidence showing any intent to provoke violence.
The bench emphasised the need to examine the evidence against the accused and the arguments presented by the police during the request for remand in the lower court.
The court directed the authorities to provide detailed information regarding the identification of the accused, the nature of the evidence, and the potential implications of such actions in terms of law and public order. The bench’s focus on the identification process reflects concerns about how such incidents are investigated and whether the actions truly represent criminal intent.
Earlier on September 13, the Karnataka High Court had quashed the criminal proceedings against two persons in this matter.
It was alleged that the incident took place on 24 September 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 the miscarriage of justice,” held the high court.
The case underscores the ongoing tension between free speech and religious sentiments in India, particularly in places of worship.
