Karnataka High Court.
Credit: PTI Photo
Bengaluru: Sloganeering 'Bharat Mata Ki Jai' would only lead to harmony and never discord, the Karnataka High Court has observed in a recent judgement.
Justice M Nagaprasanna said this while quashing proceedings under IPC sections 143, 147, 148, 153A, 504, 506 and 149 against five persons.
The petitioners Suresha, Vinaya Kumara M, Subhash, Ranjan and Dhananjaya, all residents of Mangaluru in Dakshina Kannada district, challenged the crime registered at the Konaje police station.
The petitioners stated that they were returning after the celebrations of victory and taking of oath by the Prime Minister Narendra Modi on June 9, 2024. When they reached Samadan Bar of Boliyar Grama at Ullal Taluk at around 8.45 and 9.15 pm, they were attacked by around 25 persons objecting to raising the slogan 'Bharat Mata Ki Jai’. The petitioners stated that one of the attackers allegedly stabbed Harish and Nanda Kumar.
On the complaint filed by Kishan Kumar, a crime was registered for offences under IPC sections 341, 143, 147, 148, 504, 506, 323, 324, 307 and 149. The next day another complaint was filed by one P K Abdulla alleging that the petitioners had threatened him and others with dire consequences and asked them to leave the country. The petitioners challenged this crime and contended that a counterblast case was filed by someone who was not even involved in the incident of stabbing.
The court noted that IPC section 153A makes it an offence if enmity is promoted between different groups of religion and the case at hand is a classic illustration of misuse of the provision. “To protect the skin of the complainant (P K Abdulla) and others, the skin of the petitioners is sought to be ripped off. It does not meet even a single ingredient of Section 153A,” the court said.
The court further said, “…permitting even investigation into the case at hand would be prima facie permitting investigation into the sloganeering of Bharath Matha Ki Jai inter alia, which can by no stretch of imagination be promoting disharmony or enmity amongst religions. Sloganeering Bharath Matha Ki Jai would only lead to harmony and never a discord.”