Hijab row: Karnataka High Court refuses to quash case against Congress leader Mukram Khan

The Karnataka High Court’s Kalaburagi Bench recently declined to quash criminal proceedings against Congress leader Mukram Khan in connection with a public speech he made during the Hijab controversy in the State in early 2022 [Mukram Khan & Anr. v. State of Karnataka & Anr.]

In an order passed on February 4, Justice Rajesh Rai K held there was enough material on record to proceed against him. The court noted,

"All these witnesses have categorically stated the act committed by accused No.1 (Khan). As such, there are prima facie materials placed in the charge-sheet against accused No.1 for the offences he has been charged."

However, the High Court dropped the proceedings against Khan's son and co-accused Soyab Khan who was booked for sheltering his father after he went into hiding following the registration of the first information report (FIR).

The case stemmed from remarks Khan made during public meetings in Sedam in February 2022 amid the hijab protests in Karnataka.

The controversy started after the Karnataka government issued an order in February 2022 enforcing strict uniform rules in colleges, which effectively stopped female Muslim students from wearing (hijab) headscarves in classrooms.

This decision was upheld by a full bench of the Karnataka High Court in March 2022 and the appeal against the same is pending before the Supreme Court after a two-judge Bench gave a split verdict in October 2022.

Meanwhile, in a speech delivered on February 8, 2022, Mukram Khan allegedly said that those opposing the wearing of hijab will be “cut into pieces.”

Videos of his speech were circulated widely online at the time.

Karnataka Police registered the case after a complaint was lodged on February 17, 2022

In the chargesheet, Khan was booked under Sections 298 (words or conduct intended to hurt religious feelings) and 295(A) (deliberate and malicious acts intended to insult religious beliefs)of the Indian Penal Code (IPC).

The police also booked Soyab Khan for offence under Section 212 of the IPC which relates to harbouring an offender. It was alleged that he had given shelter to his father in Hyderabad after the incident.

The High Court observed that this allegation was not backed by evidence and noted that such an offence requires a separate investigation, leading to the quashing of proceedings against him.

The criminal case against Mukram Khan will continue before the Civil Judge and JMFC court in Sedam.

Advocate NB Diwanji appeared for Mukram Khan and Soyab Khan.

High Court Government Pleader (HCGP) Gopal Krishna B Yadav represented the State.

[Read Order]