'Pakistan Zindabad’ Slogan At BJP Rally Highly Unimaginable: Karnataka High Court Quashes FIR Against BJP Workers
The Karnataka High Court was considering a Petition whereby a BJP rally participant sought quashing of the case registered under Sections 153B and 505(1)(B) of the Indian Penal Code (IPC).
Justice V. Srishananda, Karnataka High Court
While quashing a criminal case registered under Sections 153B and 505(1)(B) of the Indian Penal Code (IPC), the Karnataka High Court has remarked that in a demonstration organised by the Bharatiya Janata Party, it is highly unimaginable that the protesters would raise the slogan 'Pakistan Zindabad'.
The High Court was considering a Petition filed under Article 226 and 227 of the Constitution read with Section 482 of the CrPC seeking quashing of the case registered under Sections 153B and 505(1)(B) of the Indian Penal Code (IPC).
The Single Bench of Justice V Srishananda stated, “At the outset, in a demonstration organized by the Bharathiya Janatha Party-a Political Party, It is highly unimaginable that the protesters therein would raise the slogan 'Pakistan Zindabad'.”
“Therefore, on one hand, ingredients of Section 153 being not attracted, and on the other hand, prior sanction is not obtained for offence under Section 505 of IPC, this Court is constrained to quash the pending criminal proceedings”, it added.
Advocate Vinod Kumar M. represented the Petitioner, while High Court Govt Pleader Whaeeda M.M. represented the Respondent.
Factual Background
A case was registered by the West Police Station, Mandya, based on the complaint lodged by the second respondent alleging that on December 18, 2022, there was a protest by a set of persons claiming to be Bharathiya Janatha Party followers. In that protest, the people who had assembled were raising the slogans 'Pakistan Zindabad '. Upon seeing such a video, the complainant was allegedly mentally disturbed and sought action.
Reasoning
The Bench took note of the fact that the second respondent, based on the video clip published through a YouTube channel, had lodged the complaint after a lapse of 2 years from the incident. The Bench found that the investigating agency could not get any further information as to the participants who participated in such a demonstration and the repercussions/consequences of raising such slogans in the society.
“Therefore, continuation of the criminal case in the considered opinion of this Court is thus unnecessary and would amounts to abuse of process of law”, it held.
Reference was made to the judgment of the Apex Court in Sri. K. M. Basha alias Mehaboob Basha Vs. State of Karnataka (2022), wherein it has been observed that prior sanction is necessary for initiating action for the offence punishable under Section 505 IPC. The Bench found that in the matter at hand, no such prior sanction was obtained and cognisance was taken by the Magistrate.
Thus, allowing the writ petition, the Bench quashed the impugned proceedings.
Cause Title: D. S. Ravi Kumar v. State Of Karnataka (Neutral Citation: 2026:KHC:59836)