Justice BA Patil of Karnataka High Court on Thursday refused to quash a FIR against National Committee member of Popular Front of India (PFI) referring the matter of his speech in Section 153 of the Indian Penal Code, 1860.
Section 153 of IPC prohibits and penalizes the offence of promoting enmity between two different religions. For this Section to be applied there should be two different communities under which enmity is being created by the offender.
The Court while emphasizing on the case of, Bilal Ahmed Kaloo v. State of Andhra Pradesh, AIR 1997 SC 3483, observed that the content of the speech clearly specifies that there are two different religions. Further Court observed that “Keeping in view the above said proposition of law, on close reading of the contents of the speech in the contents of the complaint, there are two religions. One is the Muslim community and another one has been indirectly in the form of innuendo, it has been stated with reference to the other religions.”
Further the petitioner-accused has tried all ways to prove that he has no ‘intention’ to create enmity and disharmony between the religions, to which the Hon’ble Court said that it is the subject matter of the further trial to determine that intention was there or not.
Case Name: Mohammed Shariff v. State of Karnataka & Anr., CrWP no. 3786 of (2020).