Karnataka High Court rejects plea by SDPI against sealing of its offices in Mangaluru

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.

Mangaluru: Urban local bodies and gram panchayats should make the use of Kannada on signboards mandatory while issuing trade licences to commercial establishments, Dakshina Kannada Deputy Commissioner Darshan HV said. He also called for regular inspections to ensure compliance.

Presiding over the District Kannada Awareness Committee meeting at the deputy commissioner’s office, Darshan said the city corporation would be directed to ensure that shops operating in malls prominently display their names in Kannada. “All commercial establishments, including shops, companies, offices and hotels, must mandatorily display their names in Kannada on signboards,” he said.

The deputy commissioner added that the National Highways Authority of India (NHAI) would be instructed to include Kannada on signboards along national highways. Banks, he said, would be directed through committee meetings to provide application forms in Kannada.

“Even if English-medium schools and colleges impart education in English, their signboards must display the institution’s name in Kannada. Steps will also be taken to ensure that private buses display place names in Kannada,” Darshan said.

During the meeting, committee members raised concerns over the closure of Kannada-medium schools in rural areas due to a shortage of teachers and stressed the need for immediate corrective measures. They also pointed out that several industries employ workers from other states while overlooking local candidates.

Members further demanded that nationalised banks provide deposit and withdrawal slips in Kannada. It was brought to the deputy commissioner’s notice that the presence of staff without knowledge of Kannada in rural branches of nationalised banks is causing hardship to local customers.

Meanwhile, MP Srinath, president of the District Kannada Sahitya Parishat, urged the district administration to allot land for the construction of a district Kannada Bhavana in Mangaluru.

Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar on Sunday criticised the Union Budget presented by Finance Minister Nirmala Sitharaman, claiming it offered no tangible benefit to the state.

Though he said he was yet to study the budget in detail, Shivakumar asserted that Karnataka had gained little from it. “There is no benefit for our state from the central budget. I was observing it. They have now named a programme after Mahatma Gandhi, after repealing the MGNREGA Act that was named after him,” he said.

Speaking to reporters here, the Deputy Chief Minister demanded the restoration of MGNREGA, and made it clear that the newly enacted rural employment scheme — VB-G RAM G — which proposes a 60:40 fund-sharing formula between the Centre and the states, would not be implemented in Karnataka.

“I don’t see any major share for our state in this budget,” he added.

Shivakumar, who also holds charge of Bengaluru development, said there were high expectations for the city from the Union Budget. “The Prime Minister calls Bengaluru a ‘global city’, but what has the Centre done for it?” he asked.

He also drew attention to the problems faced by sugar factories, particularly those in the cooperative sector, alleging a lack of timely decisions and support from the central government.

Noting that the Centre has the authority to fix the minimum support price (MSP) for agricultural produce, Shivakumar said the Union government must take concrete steps to protect farmers’ interests.