The Karnataka High Court recently quashed criminal proceedings against a man accused of raising the slogan ‘Pakistan Zindabad’ during a protest organised by the Bharatiya Janata Party (BJP) [DS Ravi Kumar v. State of Karntaka].
In the October 28 ruling, Justice V Srishananda observed that it was unlikely for participants in a BJP-organised demonstration to deliberately raise such a slogan.
“At the outset, in a demonstration organized by the Bharathiya Janatha Party-a Political Party, it is highly unimaginable that the protesters therein would raise the slogan 'Pakistan Zindabad.'”
In this context, the Court also considered the accused man's contention that the slogan 'Pakistan Zindabad' ('long live Pakistan') had been raised accidentally during the demonstration, instead of the intended slogan 'Pakistan Murdabad' ('death to Pakistan').
"The argument of the petitioner needs to be considered that in the flow of raising the slogans by mistake the words Zindabad has crept in instead of Murdhabad," the Court observed.
It ultimately held that the continuation of the criminal proceedings against the accused protestor, DS Ravi Kumar was unnecessary and would amount to an abuse of the process of law.
The Court was hearing a petition filed by DS Ravi Kumar seeking to quash criminal proceedings pending before a trial court in Mandya.
The case arose out of a case registered in 2024 by the Mandya West Police for offences under Sections 153B (imputations, assertions prejudicial to national integration) and 505(1)(b) (public mischief) of the Indian Penal Code (IPC).
The complaint, filed by one Kannambadi Kumar, referred to a demonstration organised on December 18, 2022, by persons stated to be followers of the BJP.
The complainant alleged that participants in the protest had raised the slogan ‘Pakistan Zindabad’. He claimed that he was mentally disturbed after watching a video of the incident and sought police action.
An accused rally participant, Ravi Kumar, eventually moved the High Court urging it to quash the case. His counsel contended that the alleged slogan was neither intentional nor aimed at creating unrest in society.
The counsel submitted that the words had been uttered inadvertently in the heat of the protest. According to the petitioner, the slogan ‘Pakistan Zindabad’ had been raised by mistake instead of ‘Pakistan Murdabad.'
The petitioner further argued that there was no intention to disturb public order or target any particular community and that the continuation of the criminal proceedings was unwarranted.
The State opposed the plea, submitting that the video clip furnished by the complainant to the police clearly showed the words ‘Pakistan Zindabad’ being raised.
The State's counsel recounted that the demonstration had been organised in response to an objectionable statement allegedly made by the Foreign Minister of Pakistan on December 18, 2022.
The prosecution alleged that Ravi Kumar had deliberately raised the 'Pakistan Zindabad' slogan during the protest with the intention of creating unrest in society and contended that he should face trial.
The Court, however, observed that it was unlikely that a participant in a BJP rally would raise such slogans on purpose, and took into consideration Kumar's assertion that this slogan was uttered by mistake instead of 'Pakistan Murdabad.'
The Court also noted the two-year delay in lodging the complaint.
“At any rate, the second respondent herein based on the video clip published through YouTube channel has lodged the complaint, that too after lapse of 2 years of the incident," it pointed out.
Moreover, the High Court observed that the investigation had failed to establish the identities of the participants in the demonstration or that any social unrest had followed after the alleged slogan was raised.
“The investigation agency could not get any further information as to who are all participated in such demonstration and what are the repercussions/ consequences of raising such slogans in the society which resulted in unrest in the society of a particular community or public at large," the Court said.
The High Court also examined the requirement of prior sanction for prosecuting an accused under Section 505(1)(b) of the IPC. It noted that, in this case, the magistrate had taken cognizance of the offence without the requisite sanction.
The Court further held that the ingredients of Section 153B of the IPC were not attracted in the case.
The Court concluded that the continuation of the criminal case was unwarranted and allowed Kumar's plea to quash the case.
“Therefore, continuation of the criminal case in the considered opinion of this Court is thus unnecessary and would amounts to abuse of process of law," the Court held.
Advocate Vinod Kumar M appeared for the petitioner.
High Court Government Pleader Waheeda MM appeared for the State.
[Read Judgment]