How Is Raising 'Jai Sri Ram' Inside Mosque An Offence?: Supreme Court Asks

New Delhi: The Supreme Court on Monday asked how raising “Jai Shri Ram” slogan inside a mosque is a criminal act. While reviewing an appeal against the Karnataka high court’s decision, a Bench of Justices comprising Pankaj Mithal and Sandeep Mehta made this point.

On September 13 this year, the Karnataka high court had dismissed the criminal proceedings against two individuals who were accused of shouting the slogan inside the mosque.

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The apex court also questioned how the accused who allegedly entered the mosque were identified and asked whether CCTV or any other evidence was checked before confirming the identity of the accused.

“How were the respondents identified. Did you see CCTV and made the accused party,” the Court asked. Further, the court enquired, “Who identified the persons who came inside?”

Senior advocate Devadatt Kamat, who was representing the complainant Haydhar Ali C. M. argued that the High Court prematurely ended the proceedings despite police investigation was incomplete.

The court stated that the allegations failed to meet the requirements of IPC Sections 503 which handles criminal intimidation and Section 447 dealing with trespassing.

Citing the complaint, Kamat said an FIR was not an encyclopedia of offences. When the Court asked whether it has been able to identify the actual persons who entered the mosque, Kamat stated that state police would have to provide information in this regard.

The court has asked the petitioner to submit a copy of the plea to the state and scheduled the next hearing for January 2025.

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The incident apparently happened on September 24, 2023, and subsequently a complaint being registered at the Kadaba Police Station in Puttur Circle.

“The fact that such an incident took place inside a mosque, coupled with the threat to the lives of Muslims, HC should have allowed police to complete the investigation into the matter without first passing an interim order,” the Economic Times quotes, stating Ali’s petition.