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
dear HINDU Brothers And Dear Muslim Brothers kindly Aware of Amit shah dont listen his anit religious speech , his main intention is to divide hindus and muslims in mangalore like gujrath please tiz is my request with mangalorean public
Attention Mangaloreans: Plz hoard essential foods items, Mr.Amit shah on his way to Mangalore to create fasaad.
shah need beef chilly so visitng mangalore
Phir se aaraha hai mangalore me aag lagana, bechare hindu bhaiyion ku bhadka kar hindu muslim ke naam par jhagda karane aaraha hai...... bachke rehna bhayiyon mama aaraha hai
Amit shah suffering from poll fever
BJP will win in karnataka this time.. We will work for that..
Shah always comes with a hidden agenda
Great... we are waiting for the arrival. We are so honoured to welcome you
Shah's previous visit was not so effective. may be the same aim this time also
Communal shah visiting Mangalore to divide mangaloreans.. protest
Add new comment