Bengaluru: The Karnataka High Court has refused to quash an investigation against a WhatsApp group administrator accused of allowing the circulation of obscene and offensive images depicting Hindutva politicians and idols in 2021.
Justice M Nagaprasanna observed that, prima facie, the ingredients of the offence under Section 295A of the Indian Penal Code were made out. “The offence under Section 295A of the IPC is met to every word of its ingredient, albeit prima facie,” the judge said.
The petitioner, Sirajuddin, a resident of Belthangady taluk in Dakshina Kannada district, had challenged the FIR registered against him at the CEN (Cyber, Economics and Narcotics) police station, Mangaluru, for offences under Section 295A of the IPC and Section 67 of the Information Technology Act. Section 295A relates to punishment for deliberate and malicious acts intended to outrage the religious feelings of any class of citizens.
According to the complaint filed by K Jayaraj Salian, also a resident of Belthangady taluk, he received a WhatsApp group link from an unknown source and was added to the group after accessing it. The group reportedly had six administrators and around 250 participants, where obscene and offensive images depicting Hindu deities and certain political figures were allegedly circulated repeatedly.
Sirajuddin was arrested in connection with the case and later released on bail on February 16, 2021. He argued before the court that he was being selectively targeted, while other administrators—including the creator of the group—were neither arrested nor investigated. He also contended that the Magistrate could not have taken cognisance of the offence under Section 295A without prior sanction under Section 196(1) of the CrPC.
Rejecting the argument, Justice Nagaprasanna held that prior sanction is required only at the stage of taking cognisance, and not at the stage of registration of the crime or during investigation.
The judge noted that the State had produced the entire investigation material before the court. “A perusal of the material reveals depictions of Hindu deities in an extraordinarily obscene, demeaning and profane manner. The content is such that its reproduction in a judicial order would itself be inappropriate,” the court said, adding that the material, on its face, had the tendency to outrage religious feelings and disturb communal harmony.
Observing that the case was still at the investigation stage, the court said it could not interdict the probe at this juncture. However, it expressed concern that the investigating officer appeared to have not proceeded uniformly against all administrators. The court clarified that if the investigation revealed the active involvement of any member in permitting the circulation of such content, they must also be proceeded against.
“At this investigative stage, any further observation by this Court would be unnecessary,” the order concluded.
Comments
Mr.Bajarangi,Mr.Modi declared 80%of cow vigilantes as hooligans.Hope you know his address so that you can go to his home if you have damm.
It is sad to read some of the above comments. There should not be such low level comments.
Every Hindus are not fake gow rakshakas and every muslims are not cow smugglers.
I request all brothers of DK and Udupi to respect each other and we should live peacefully in our beautiful land.
These cow protectors do not have ba**s.....
@kiran bajarangi nikh popunda maga
Kiran Bajrangi ..... I know that is your DNA... Not a surprise ... Barking dogs do not bite .... There is no need of my address,, Give your address I will come to your home, to make your job easy....
@ kiran bajarangii
u people are good for these type of work only,
naam patha dehta tho thu ayenga kya .. u wil come wen liquer enter ur stomach... dar pok thuu be
We can feel the frustration in Kiran bajarangi's comments. Calm Down Bajarangi. Before you attack Slaughter house please make sure that no one from your group work their as a KASAI.
Kiran Bajrangi,
Gidad ki jab maut aati hai to wo sheher ki taraf baghta hai. Bajrangi Kasai khane ki taraf.
All these self styled gau rakshaks are un employed, uncultured goons
And they always attack one person in a group of 30-50 people... bcos they actually dont have guts to attack in small numbers for fear of their life ...
Congress is in power. Yet they can't take action against cow terrors.??? They are only limited to issuing press release and petitions, then who is controlling the govt.administrations??? CongRSS or BJP..??
Kya hum bewakoof hain..??
Mr.SK pura naam patha bejo darr pok, will come to your home and beat u.
@ Kiran Bajarani Bhaijan,
What a JOKE. We would like to see you in Slaughter House. Sharan Pumpwel please bring your Ambulance not the ARMY to protect your Bajarangis. All the Best. Abb ayega real Maza
abey saaley me dikatha hoon kithna dum he bolke samne ake dekho kuthe.
Kiran Bajrangi......Pls go ahead ....all the BEST.....let us see, who is your real MATHA....
KIran thumare gaand me dum hai tho slaughter house ko attack karkre dikana. Your 10 people attack a single person.
thanks for the information ivan, Next time we will directly attack slaughter houses.
Ivan at his best, agree this is what happening in india,
mainly this bajrangis are eating 90% of beef in india,
all beef business contact should be given to bajrangdal, then they will be happy.
yahh rightly said MLA saab 'Cows ‘rescued’ by vigilantes in coastal Karnataka end up in slaughterhouses'
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