The Karnataka High Court has quashed criminal proceedings instituted against members of the Bharatiya Janata Party (BJP) who were accused of raising the slogan 'Pakistan Zindabad' during a public demonstration. Justice V Srishananda ruled that the continuation of the prosecution would amount to an abuse of the process of law, given the inherent improbability of the allegation and the absence of prior sanction mandatory for the offences invoked.
The case originated from a protest organised by the BJP on December 18, 2022, in Mandya. A private complaint was filed by Kannambadi Kumar at the West Police Station, Mandya, alleging that the protesters shouted 'Pakistan Zindabad'. Based on the complaint, the police registered a First Information Report under Sections 153B and 505(1)(B) of the Indian Penal Code (IPC). The complainant contended that the slogan caused him mental disturbance and sought legal action nearly two years after the incident.
Dr S Ravi Kumar, one of the accused, approached the High Court under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings pending before the Principal Senior Civil Judge and Chief Judicial Magistrate, Mandya. The petitioner submitted that the slogan was raised unintentionally during the flow of the demonstration, which was organised against an objectionable statement made by the Foreign Minister of Pakistan. It was argued that the word 'Zindabad' had inadvertently crept in instead of 'Murdabad' and that there was no intention to create unrest or target any community.
What did the Karnataka High Court observe regarding the probability of BJP workers raising 'Pakistan Zindabad'?
The Court held it highly unimaginable that BJP protesters would raise 'Pakistan Zindabad' at a party-organised demonstration, accepting the plea that 'Zindabad' inadvertently replaced 'Murdabad' due to a slip of tongue, and quashed the case as an abuse of process.
Justice Srishananda observed that in a demonstration organised by the BJP, it was highly unimaginable that the protesters would raise the slogan 'Pakistan Zindabad'. The Court accepted the petitioner's explanation that in the flow of raising slogans, the word 'Zindabad' had crept in by mistake instead of 'Murdabad'. The Judge noted the complaint was lodged solely based on a video recording, that too two years after the incident. Furthermore, the investigating agency failed to ascertain the identities of the participants or establish any repercussions flowing from the slogan.
The State opposed the petition, submitting that the video evidence clearly captured the words 'Pakistan Zindabad' and that the investigation should be allowed to continue. The prosecution argued the slogan was raised deliberately to create societal unrest. However, the Court found no merit in continuing the proceedings.
A critical procedural deficiency highlighted by the Court was the absence of prior sanction for prosecution under Section 505 IPC. The Court noted that no sanction had been obtained from the competent authority before initiating the criminal case, rendering the prosecution legally unsustainable on that count.
Aspect | Details |
|---|---|
Date of Incident | December 18, 2022 |
Complaint Filed | Nearly two years after the incident |
Sections Invoked | Sections 153B, 505(1)(B) IPC |
Prior Sanction (Section 505 IPC) | Not obtained |
Court's Finding | Slip of tongue; 'Zindabad' instead of 'Murdabad' |
Disposition | Criminal proceedings quashed |
Consequently, the High Court allowed the petition and quashed the criminal case, holding that its continuation would be unnecessary and constitute an abuse of the process of law.