Sloganeering 'Bharat Mata Ki Jai' Promotes Harmony, Not Discord: Karnataka High Court While Quashing FIR U/S 153A IPC

"Sloganeering Bharath Matha Ki Jai would only lead to harmony and never a discord", said the Karnataka High Court while allowing a plea by five men for quashing an FIR lodged against them for allegedly promoting enmity between different groups and doing acts prejudicial to maintenance of harmony.

The petitioners had claimed that on June 9 after they were coming back from celebrating the oath ceremony of Prime Minister Narendra Modi, they were attacked by 25 persons. The petitioners' alleged that they were questioned by the group as to how the former could raise "slogans of Bharath Matha Ki Jai"; one of those 25 persons allegedly stabbed two of the petitioners. The petitioners' said that the same night they lodged a complaint and an FIR was registered. 

However, the petitioners claimed, the next day an FIR was registered under various IPC provisions including Section 153A based on a complaint moved by a Muslim man alleging that petitioners came near a mosque and threatened him and others with dire consequences and asked them to leave the country. Against this FIR, the petitioner's moved the high court. 

A single judge bench of Justice M Nagaprasanna in its judgment observed that this was a case of a counter blast to the complaint that had been registered by the petitioners, adding that not a single ingredient of Section 153A was met. For context, Section 153A pertains to promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 

On the application of IPC Section 153A in the present case the court said, "Section 153A makes it an offence if enmity is promoted between different groups of religion. The present case is a classic illustration of misuse of Section 153A of the IPC. It is a case of counterblast to a complaint registered by these petitioners. The defence is that the petitioners were shouting Bharath Matha Ki Jai and praising the Prime Minister of the nation. The allegation by the complainant does not even refer to any of those things. To protect the skin of the complainant and others, the skin of the petitioners is sought to be ripped off. It does not meet even a single ingredient of Section 153A of the IPC. A pure case of counterblast is sought to be projected as a crime under Section 153A of the IPC. The ingredients that are necessary to bring home the complaint under Section 153A need not detain this Court for long or delve deep into the matter". 

Referring to various judgments including those of the Supreme Court and taking note of the facts of the case, the court observed that "permitting even investigation into the case at hand would be prima facie permitting investigation into the sloganeering of Bharath Matha Ki Jai inter alia, which can by no stretch of imagination be promoting disharmony or enmity amongst religions".

"Sloganeering Bharath Matha Ki Jai would only lead to harmony and never a discord," the court emphasized. 

The high court thereafter allowed the plea and quashed the FIR registered against the petitioners. 

Case Title: Suresha & Others AND State of Karnataka & ANR

Appearance: Senior Advocate M Aruna Shyam for Advocate Suyog Herele E for Petitioners.

Additional SPP B N Jagadeesh for R1.

Citation No: 2024 LiveLaw (Kar) 415

Case No: CRIMINAL PETITION NO. 5694 OF 2024