Karnataka HC Stays Further Proceedings Against Kajal Hindustani In Case For Speech Against 'Love Jihad'
The Karnataka High Court has stayed the criminal proceedings against Kajal Hindustani, a public speaker with a big social media following, initiated for her alleged speech of 2022 in Udupi District against "Love Jihad".
An FIR had been registered against her for the speech under Sections 153A and 34 of the IPC. However, the chargesheet was filed for an offence under Section 505(2) of the IPC. The Petitioner had approached the High Court seeking quashing of the criminal proceedings against her.
The Bench of Justice M Nagaprasanna has stayed further proceedings in the criminal case and has posted the matter after vacation for further hearing. Senior Advocate Aruna Shyam appeared for the Petitioner in the Petition filed through Advocate Suyog Herele.
The case of the prosecution against Kajal is that during the course of their speech, she and the her co-accused tried to create communal tensions in Udupi, they provoked the gathering by stating Hindus should worship weapons and they should use it. It is further alleged that the accused stated that small girls have been misled through "Love Jihad" by the Muslim community and that the Bollywood industry is also aiding in support of "Love Jihad".
The plea says that the "Respondent police have filed charge sheet against the Petitioner without any prior sanction of the competent authority as mandated under section 196 (1-A)(a) of Crpc. As such, the entire proceeding against the Petitioner is liable to be quashed".
The Petitioner has contended that the registration of FIR against her is manifestly attended with a political motive, in order to tarnish her image and reputation in the society. She has also contended that the complaint does not disclose the intention to cause disorder or incite people to violence which is sine qua non of offence under Section 505(2) of the IPC.
Cause Title: Kajal Hindustani @ Kajal Shinagala v. State of Karnataka & Anr. (CRL.P 3031/2024)
