Karnataka High Court Refuses To Quash FIR Against Congress Leader For Giving 'Malicious Speech' Against Hindus Over 2022 Hijab Row

The Karnataka High Court (Kalaburagi bench) refused to quash an FIR against Congress leader Mukram Khan accused of making a speech, which had outraged the religious feelings of Hindu community, by allegedly stating that "he will cut them into pieces" in respect of the 2022 Hijab incident.

The court was hearing a plea by Khan and his son Dr. Soyab Khan seeking quashing of an FIR under IPC Sections 298 (Uttering words, etc., with deliberate intent to wound religious feelings), 295(A) (Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and 212(harbouring offender) r/w Section 34 (common intention).

Justice Rajesh K Rai in his order said:

"As could be gathered from records, the complaint averments clearly disclose that, accused No.1 on the date of incident i.e., on 08.02.2022 at 10:00 a.m. to 2:00 p.m. in Sedam City, with an deliberate and CRL.P No. 201252 of 2025 malicious intentions, outraged the religious feelings of Hindus by saying that he will cut them into pieces in respect of Hijab incident. Subsequently, the respondent Police investigated the case and recorded the statements of CWs.6 to 12. All these witnesses have categorically stated the act committed by accused No.1. As such, there are prima facie materials placed in the charge-sheet against accused No.1 for the offences he has been charged".

The court however found that the only allegation against accused No.2- Soyab Khan in the charge-sheet was that after the incident, his father (accused No.1) escaped to Hyderabad and at that time, the son had provided shelter to his father.

The court said that this allegation against accused No.2 is not supported by any evidence or statement of witnesses or any documents.

The court observed that it was settled position of law that, in order to invoke Section 212 of IPC, the investigation has to be conducted by Police separately after getting permission from the Magistrate, since it is a distinct offence, by registering a crime. It said that in the principal offence, the co-accused cannot be implicated under Section 212 .

"In that view of the matter, if the entire allegations in the charge sheet are accepted on its face value, even then, the allegations made against petitioner No.2/accused No.2 do not make out a prima facie case for the offences under Sections 212 of IPC.In such circumstances, continuation of proceedings against petitioner No.2/accused No.2 is nothing but abuse of the process of court," the court said.

The court thus continued the proceedings against Mukram Khan. It however quashed the proceedings against his son.

The plea was allowed in part.

For context, a full bench of the Karnataka High Court in March 2022 had upheld the Hijab Ban imposed by the government in educational institutions. The court had dismissed petitions filed by Muslim girl students, challenging the action of a government PU colleges in denying their entry for wearing a hijab (headscarf).

The full bench had held that wearing of hijab is not a part of Essential Religious Practice in Islamic faith and thus, is not protected under Article 25 of the Constitution, the Karnataka High Court has held today. It had further held that prescription of school uniform by the State is a reasonable restriction the students' rights under Article 25 and thus, the Government Order issued by the Karnataka government dated February 5, 2022 is not violative of their rights.

In October 2022 a division bench of the Supreme Court had delivered a split verdict on a batch of appeals challenging restriction on Muslim girl students wearing Hijab in educational institutions in Karnataka.

Case title: MUKRAM KHAN & ANR. v/s THE STATE OF KARNATAKA & ANR.

CRIMINAL PETITION NO. 201252 OF 2025

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