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.
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We Muslims believe in One God, perhaps the only community on Earth now having this monotheistic belief. Islam means submitting to the will of One God. Actually, Allah means Al ilah, which means The One God. From day one, when human kept the foot on Earth, Islam was there. From time to time people go away from the will of God to the will of their desires or the will of Satan which later created so many deviated paths. These deviated people once were on the true path, the path of God. From time to time, God "sends" Prophets and Messengers (peace be upon them all) to take back human from wrong paths to the right path. These Prophets are righteous people that God chooses among the tribe/nation from time to time in order to guide the deviated tribe or nation. They are given holy books too. We Muslims believe that there were many Prophets sent to humanity from time to time before the last and final Prophet Muhammad (peace be upon him). Since he is the final prophet, his arrival has been mentioned in previous holy books even in Vedas and also in the bible. He is sometimes referred as Anthim Rishi. I request our non-Muslim brothers to research on the Anthim Rishi, Kalki Avathar. Ramadan Mubarak to all.
@pram .... bro plz read vedas.... once you read clearly. you will accept islam soon.... may allah guide you to stright path..
@pram .... bro plz read vedas.... once you read clearly. you will accept islam soon.... may allah guide you to stright path..
Many of our relatives/ known people who were with us last year are not with us this ramadan due to corona. Let us make maximum prayers for them. Lets not waste time in petty political and sunni salafi talks. Let us preach simple living
@#14 Mohammed Saleem, Sharjah,
You have a block in your mind blocked the of evil. Once made a shahadah the evil enters your heart and mind to go to Madrassa.The Madrassas are teaching against Hindus, Christians, and Jews. Are you kidding, Islam
After many messengers were sent... and conveyed the message of ONENESS of God... ALLAH sent MUHAMMED pbuh as the last and final MESSENGER to the people to convey the same one MSG of WORSHIP the creator not his CREATION .. WE should not worship EVEN prophet Muhammd pbuh...
ALLAH Revealed QURAN to Muhammad pbuh as BIBLE for JESUS and TORAH for MoSES...
Mohammed was not the first but he was the last messenger of ALLAH... Hope this might help dear PREM PRASAD unless YOUR HEART is not HONEST to know about the CREATOR who created all that exists.....
BE sincere and honest, ALLAH guides those who truly look for him.
Prem Prasad
If you don't understand something it doesn't mean it not exist.
Islam means Peace aquired by submitting your will to God. .
It exists right from beginning
Prem Prasad.
Islam means Peace aquired by submitting our wills to God.
And it exists from beginning of mankind.
If you don't understand something. It doesn't mean it don't exist
Islam is not just Arabic word. It means submission to God and obey his commands. Adam, Moses, Jesus and Mohammed peace be upon all submitted their will to God. Islam exist from beginning. Don't make God so cheap. He is lord for all from beginning till end. No other like him. Don't make image of God and compare to anything
@#11 Mohammed Saleem, Sharjah
You have to argue without logic in a circular manner. World was unknown to the word Islam Prior to 1400 or prior to 1st century. Why did you threw out the 10 commandments of God from O.T. Where was the Term Allah prior t
The only religion is accepted in front of God is Islam.
Islam means total submission to God.
To live according to commandments of God, which he sent time to time in each area through his messengers.
Islam started from first person in earth prophet Adam PBUH.
What was the name of your God prior to 1st century. The word Islam was not prevalent prior to 1400 years. Name Islam prevailed after Arabic was invented in the 1st century. III caliph Uthman is the editor of Quran. He destroyed all the manuscripts given by so-called Gabriel. To which place you were facing and praying prior to 1400 and had you been fasting prior to 1400 years where there was no month called Ramadan. The last prophet to humanity was Joseph Smith of the Mormons religion. 124000 prophets are illusions including false prophets. Don't tell me to read Quran. No need to read any book if a person is living a righteous life.
@Prem Prasad. Islam was not created 1400 years ago. It is a big mis-conception among many non-Muslims. 1400 years ago it was the final installment of the series of prophets (peace be upon them all) and revelations sent to human being by Almighty God. We b
Dear Brother Ahmadi / Asi...
Please make following Dua, U will understand everything...
O ALLAH, make what you teach me beneficial, teach me what is beneficial, and increase me in knowledge...
Allaahumma-nfanee, bimaa allamtanee, wa allimnee maa yanfaunee, wa zidnee ilmaa (Attirmidi # 3599)
Ramadan is the month in which MUSLIMS all around the WORLD fast for 29/30 days from dawn to dusk.
Fasting is the fourth pillar of ISLAMIC FAITH
The fast is an act of deep personal WORSHIP to get closer to ALLAH (God Almighty)
It is the month in which the QURAN was revealed to Prophet Muhammad pbuh.
QURAN chapter 2 Verse 183 says : O believers! The fast has been prescribed upon YOU just as it was prescribed for the followers of the Prophets BEFORE YOU, So that YOU may attain TAQWA (Piety)
Prophet Muhammad pbuh said, ALLAH said \All the deeds of man are for himself except for FASTING, which is for ME and I shall reward it Myself...
May ALLAH accept our Fasting and reward as he promised... ALLAHU AKBAR...All praise is to ALLAH, the Lord of all that exists.."
ASI DUBAI sawal acha hi but unfortunately till date no one answered for this question from last 10-15 years.
Where the Moon is sighted ???
Arabic was invented in the 1st century. Prior to 1st century to wich place you were facing and praying. Prior to 1400 which book you were reading and what was the name of your God before the 1st century.
Happy Ramadan and may Allah (SU) Bless us all in this Holy Ramadan....
\Allahumma ballighna ramadhaan\"
O allah makes this ramadhan easy for us\"
Join us to say aameen...."
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