Unlikely That BJP Protesters Would Raise “Pakistan Zindabad” Slogan: Karnataka High Court Quashes Case
The Karnataka High Court recently quashed a criminal case pending against some members of the Bharatiya Janata Party (BJP) for allegedly raising “Pakistan Zindabad” slogan in a protest.
Justice V Srishananda remarked that it was highly unlikely that the protestors, belonging to the BJP party, would have raised the "Pakistan Zindabad" slogan. The court thus accepted the explanation of the petitioners that the protestors had a slip of tongue and raised “Pakistan Zindabad" slogan instead of “Pakistan Murdabad”.
“At the outset, in a demonstration organized by the Bharathiya Janatha Party-a Political Party, It is highly unimaginable that the protesters therein would raise the slogan 'Pakistan Zindabad'. It is in that context that the argument of the petitioner needs to be considered that in the flow of raising the slogans by mistake the words Zindabad has crept in instead of Murdhabad,” the court observed.
The court was hearing a petition filed by Dr S Ravi Kumar seeking to quash the case pending before the Principal Senior Civil Judge and CJM at Mandya. The case was registered by the West Police Station, Mandya under Sections 153B, 505(1)(B) of IPC based on a complaint by an individual, Kannambadi Kumar.
As per the complaint, on December 18, 2022, BJP members had held a protest in which the protesters had raised the “Pakistan Zindabad” slogan. The complainant had stated that the slogan disturbed him mentally and had thus sought action.
The petitioner argued that the slogan was unintentional and was not intended to create any unrest in the society. It was also submitted that there was no intention to affect any particular community. Stating that the slogan was a slip of the tongue, the petitioner had sought to quash the criminal case.
The State, on the other hand, submitted that the video furnished by the complainant clearly showed that the words “Pakistan Zindabad” had been mentioned and thus the investigation should continue. It was also submitted that the protest was organised against an objectionable statement made by the Foreign Minister of Pakistan, and the petitioner had raised the slogan to create unrest in the society.
The court, however, noted that the complaint had been lodged only based on the video, that too 2 years after the incident. The court also noted that the investigating agency could not get any details of the persons who participated in the demonstration or if there were any repercussions /consequences of raising the slogans.
Thus, noting that the continuation of criminal proceedings would be unnecessary and an abuse of the process of law, and noting that no prior sanction had been obtained before initiating prosecution under Section 505 of the IPC, the court was inclined to quash the criminal case.