The Karnataka High Court has condemned the misuse of penal provisions to prevent enmity between different religious groups. Besides, the FIR registered against 5 people for raising Bharat Mata Ki Jai slogan has also been cancelled. A lawyer gave this information on Friday. Residents of Karnataka’s Ullal taluk were booked under section 153A of the Indian Penal Code for raising slogans of Bharat Mata ki Jai. The court did not consider this slogan to promote hate speech or religious disharmony. This decision is important in clarifying the definition of speech that hurts religious sentiments.
Justice M Nagaprasanna said in his judgment that this case is an unprecedented misuse of Section 153A of the Indian Penal Code. The court also made it clear that none of the elements required to prove a charge under Section 153A were present in this case. He said that this case is a classic misuse of Section 153A and it was registered only as a retaliation. He said that raising the slogan of Bharat Mata ki Jai does not in any way promote religious disharmony, rather it promotes national unity.
‘This slogan does not promote enmity’
The judge said, ‘Allowing investigation into the slogan of Bharat Mata Ki Jai would amount to promoting the misconception that such slogans promote disharmony between religious groups.’ This statement has come in an important case, where 5 people were accused of shouting slogans of Bharat Mata ki Jai. The court did not consider it right to promote hate speech or religious disharmony. Senior advocate M Aruna Shyam and advocate E Suyog Herale appeared for the petitioners and additional state public prosecutor BN Jagadish appeared for the state.