Jai Shri Ram' slogan inside mosque: How shouting particular religious phrase an offence? SC asks

New Delhi, December 16: The Supreme Court on Monday deferred to January 2025 the hearing of an appeal against a Karnataka High Court ruling that had quashed criminal proceedings against two individuals accused of shouting "Jai Shri Ram" inside a mosque.

A bench comprising Justices Pankaj Mithal and Sandeep Mehta directed the complainant, Haydhar Ali CM, to serve a copy of the petition to the Karnataka government before the next hearing. The court questioned how chanting a religious slogan could constitute an offence, asking, "Alright, they were shouting a particular religious slogan. How is that an offence?"

Senior advocate Devdatt Kamat, representing the complainant, argued that chanting a religious slogan inside a place of worship belonging to another religion could incite communal disharmony under Section 153A of the Indian Penal Code.

The bench sought clarity on the evidence presented in the case, including whether CCTV footage was reviewed to identify the accused. "How were the respondents identified? Did you see CCTV footage and include them as parties?" Justice Mehta asked.

Despite the arguments, the bench refused to issue notice on the appeal but allowed the complainant to serve the petition copy to the Karnataka government, posting the matter for further hearing after two weeks.

The controversy stems from an incident in Karnataka's Dakshina Kannada district, where two men, Keerthan Kumar and Sachin Kumar, allegedly entered the Badnya Jumma Masjid and shouted "Jai Shri Ram." The Karnataka High Court, on September 13, quashed the criminal proceedings against them, stating that their actions did not amount to insulting religious beliefs under Section 295A of the IPC.

The complainants subsequently moved the Supreme Court, challenging the High Court's conclusion that shouting a religious slogan in a mosque does not constitute an insult to a religious class.

This case has sparked significant debate over the intersection of religious expression and communal harmony, with the apex court's final ruling awaited in January 2025.