The High Court of Karnataka has quashed a First Investigation Report (FIR) lodged against Sri Ram Sene Founder-President Pramod Muthalik on the grounds that the lower court took unlawful cognisance of the matter under Section 196 of the Code of Criminal Procedure (CrPC), 1973.
The Single-Judge Bench of Justice Hemant Chandangoudar observed that the lower court failed to obtain sanction of the state government, which was a prerequisite for initiation of proceedings under Section 153-A (promoting enmity between different religious groups on ground of religion, race, place of birth, residence) and Section 295-A (deliberate and malicious acts intended to outrage the religious feelings of any class insulting its religion and religious beliefs) of the Indian Penal Code (IPC) 1860, as per Section 196 CrPC.
The High Court took in view the fact that no statements of independent witnesses other than police personnel were recorded. It further noted that no evidence, including the video alleged to be recorded, was presented before the court.
High Court Government Pleader (HCGP) Gururaj V. Hasilkar, appearing for the Karnataka Police, argued that the court was competent to take cognisance of the matter since the charge sheet disclosed commission of offences.
However, the Bench rejected the arguments and quashed the FIR against Muthalik.
A police officer had filed a complaint against Muthalik in 2017 on the basis of which an FIR was lodged against him.
As per the complaint, Muthalik had attended an event in Babaleshwar, Karnataka, organised to celebrate Chhatrapati Shivaji Maharaj Jayanti and also the inauguration of Sri Ram Sene’s office.
The complaint alleged that during the event, Muthalik drew a distinction between the Hindus and Muslims based on how the two communities treated cows. He allegedly said that the hands of those who kill cows must be cut.
Advocate Kadloor Satyanarayanacharya appeared for the petitioner.
(Case title: Pramod Mutalik vs State of Karnataka)