The Supreme Court on Monday while hearing a petition against the stand of Karnataka High Court's view that shouting 'Jai Sriram' inside a mosque was not an offence, sought the stand of the State of Karnataka in the matter.
A bench of Justices Pankaj Mithal and Sandeep Mehta was hearing the matter.
"Alright, they were shouting a particular religious slogan. How is that an offence?" Justice Mehta asked, as bench posted the matter for January 2025.
The bench asked if the accused persons had been identified. Kamat replied that CCT visuals had been collected and the police identified the accused persons, as recorded in the remand report. The bench asked if merely spotting the accused near the mosque would mean that they shouted the slogans.
"Are you able to identify the actual accused? What material you have brought?" the Court asked. Kamat clarified that he was only representing the complainant (caretaker of the mosque) and it is for the police to conduct the investigation and collect the evidence. The FIR need only give information about the offence and need not be an 'encyclopedia' containing all evidence, he added.
This comes after a petition was filed in the Supreme Court questioning the Karnataka High Court's order of September 13, 2024 which quashed an FIR lodged against two men for raising the 'Jai Shri Ram' slogan within mosque premises.
The high court's single judge bench of Justice M Nagaprasanna had said, "It is ununderstandable as to how if someone shouts 'Jai Shri Ram' it would outrage the religious feeling of any class, when the complainant himself states that Hindu - Muslims are living in harmony in the area".
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