Statement Alleging False Cases Against Muslims By Police Not An Offence U/S 295 IPC: Madras High Court

The Court was hearing a criminal original petition filed under Section 528 of the BNSS, seeking quashing of the final report in a case pending before the Judicial Magistrate No.1, Coimbatore. 

A Bench of Justice D. Bharatha Chakravarthy observed: “In the present case, the allegations, even if accepted in their entirety, merely relate to a political statement allegedly made by the petitioner. There is no allegation whatsoever of any act involving the destruction, damage or defilement of any place of worship or any object held sacred by any class of persons. Thus, the essential ingredients of the offence under Section 295 of IPC are conspicuously absent.”

Advocate B. Kumarasamy appeared for the petitioners. M. Mohamed Riyaz, Government Advocate (Criminal Side), appeared for the State.

Background

The allegation against the petitioner was that he circulated a recorded video through a mobile phone, stating that the police were foisting false cases against Muslims. The video allegedly stated that, as in North India, similar acts were taking place in South India, leaving Muslims unable to live peacefully.

On this allegation, a crime was registered by the Kavundampalayam Police Station, Coimbatore City. The police later filed a final report before the Judicial Magistrate, Coimbatore, for the offence under Section 295 of the IPC.

The petitioners approached the High Court seeking the quashing of the proceedings.

Court’s Observations

The Court examined the text of Section 295 of the IPC and held that the offence requires destruction, damage or defilement of a place of worship or an object held sacred by any class of persons. Such an act must be accompanied by the intention to insult the religion of any class of persons or knowledge that it is likely to be regarded as an insult.

The Court stated: “A plain reading of Section 295 IPC would show that the essential ingredients of the offence are the destruction, damage or defilement of any place of worship or any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons or with the knowledge that such destruction, damage or defilement is likely to be regarded as an insult to their religion.”

Applying the provision to the facts, the Court held that the allegation, even if accepted fully, related only to a political statement allegedly made by the petitioner.

The Court observed: “Even assuming the statements of the listed witnesses to be true on the face of the record, no offence under Section 295 IPC is made out against the petitioner.”

It therefore held that continuing the prosecution would amount to an abuse of the process of law.

Conclusion

The High Court allowed the criminal original petition and quashed the proceedings pending before the Judicial Magistrate No.1, Coimbatore, in their entirety. The connected miscellaneous petitions were also closed.

Cause Title: Sherip & Anr. v. State by Inspector of Police & Anr.

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