Justice Venkatesh Naik T, Karnataka High Court
Karnataka High Court Quashes Case Against Three Men Accused Of Distributing Pamphlets Promoting Islam Near Temple
|Petitioners were allegedly found distributing pamphlets containing Islamic teachings near the Ramatheerth Temple.
The Karnataka High Court has quashed a First Information Report (FIR) and all subsequent legal proceedings initiated against three men who had been accused under the Karnataka Protection of Right to Freedom of Religion Act, 2022. The allegations stemmed from an incident where they were allegedly distributing religious pamphlets and preaching about Islam near the Ramatheerth Temple in Jamkhandi.
A Bench of Justice Venkatesh Naik T held that the FIR lacked the necessary ingredients to constitute an offence under Section 3 of the anti-conversion legislation. It added, "Even if the allegations in the FIR are accepted at its face value, it fail to satisfy the essential elements of an offence under Section 3 of the Act. There is no allegation that the petitioners converted or attempted to convert any person to another religion."
Another critical point addressed by the Court was the locus standi of the complainant. Under the 2022 Act, only the person who has been converted or a member of their family has the legal standing to file a complaint regarding unlawful conversion. In this case, the FIR had been filed by a third party who merely witnessed the alleged incident and had no personal involvement in any conversion attempt.
Thus, the Court observed, “The absence of these essential elements renders the allegations insufficient to constitute an offence under the Act. Consequently, the registration of the FIR, culminating in the filing of the charge sheet, is vitiated. Hence, this Court proceed to pass the following.”
Advocate Iftekhar Shahpuri appeared for the petitioners and Advocate Abhishek Malipatil appeared for the Respondents.
Background
The incident in question occurred when the three petitioners were allegedly found distributing pamphlets containing Islamic teachings near the Ramatheerth Temple in Jamkhandi. According to the FIR, when complainant approached them, the men reportedly made remarks critical of Hinduism. It was alleged that they told him, “If you continue to stay as Hindu, you will not be able to find God. There is no God except Allah, and all other gods are Kafir.”
They were also accused of declaring that their mission was to “make the whole world turn towards Islam,” and that anyone who obstructed them would face dire consequences, including threats to their life.
The petitioners’ legal counsel, contended that their clients were merely engaging in religious discourse by sharing the teachings of Islam and Prophet Muhammad. They argued that the act of preaching, in the absence of any evidence or allegation of actual conversion or inducement to convert, could not be construed as an offence under the anti-conversion law.
The State defended the registration of the FIR. However, after evaluating the submissions from both sides, the Court found no merit in the continuation of the criminal proceedings.
Accordingly, the High Court quashed the FIR and the pending proceedings before the trial court, offering relief to the petitioners.
Cause Title: Mustafa & Ors v. The State of Karnataka & Ors., [2025:KHC-D:8877]
Appearance:
Petitioners: Advocates Iftekhar Shahpuri and Anwarali Nadaf
Respondents: Advocate Abhishek Malipatil