BENGALURU: The Karnataka High Court quashed criminal proceedings initiated against a youth for allegedly promoting enmity between two groups on the ground of religion, by raising slogans against the Supreme Court judgment in the Ayodhya-Babri Masjid case inside Mangaluru University campus, due to a lack of sanction.
Allowing the petition filed by Safwan, 25, from Konaje Padavu in Mangaluru, Justice K Natarajan quashed proceedings against him for offences punishable under Section 153A read with Section 149 of IPC and Section 3 of the Karnataka Open Space Disfigurement Act.
The proceedings against Safwan, a member of Campus Front of India (CFI), were based on the suo motu complaint registered by Konaje police on November 17, 2019, for allegedly intending to outrage religious feelings by affixing posters in public places.
The court observed that the petitioner and others, with a banner of CFI, entered the university campus and agitated against the Supreme Court. It promotes enmity between two groups on the ground of religion, and prejudice to maintain harmony. This cannot be taken in a light way, the court observed. At the same time, the court said that agitating against the Supreme Court judgment is an offence against the state, punishable under Section 153-A of IPC.
"Though there were witnesses to show that the petitioner was one among the group, the government pleader has not produced any sanction granted by the state government. Though police stated that they obtained sanction while filing the charge sheet, it was not found in the charge sheet, the court added.
Despite lack of sanction, the magistrate has taken cognizance of offences from the state. Therefore, criminal proceedings against the petitioner are liable to be quashed," the court said.