Karnataka High Court Asks Centre To Secure Procedure For Moving Clemency Petition For Indian Convicted In Saudi Arabia For Blasphemy

The Karnataka High Court on Wednesday directed the Union Government to secure a copy of Saudi Arabia court's order confirming the conviction of Indian citizen Shailesh Kumar, so that clemency petition can be moved before the King of Saudi Arabia.

Kumar was arrested in 2020 and sentenced to suffer 15 years imprisonment on charges of blasphemy and sedition for having made objectionable posts targeting the King of Saudi Arabia and Islam, on his alleged Facebook account.

A single judge bench of Justice Krishna S Dixit said “This court directs the Union of India to secure a copy of conviction and order confirming the conviction order at the earliest and place the same on record of this proceeding.”

Further it directed the authorities to secure the procedure/ practise of moving clemency petition in the Kingdom of Saudi Arabia, more particularly when the offence is blasphemy, treachery or treason.

The court had on the previous hearing sought clarification from the Union Government on the following points:

1: Whether confirmation proceedings in Riyad court permits appearance of counsel for the convict in question and if answer is in the affirmative whether the Union government would consider providing defence counsel to him.

2: The scope of confirmation proceedings under the native law of Saudi Arabia, as to whether material turning out from the investigation (by the police in Mangaluru) can be pressed into service in the confirmation proceedings.

3: Whether the Indian Embassy can request the concerned for deferment of the confirmation proceedings till after the police investigation, which is half-way through, is accomplished.

Today, the Court expressed its anguish over non-compliance of the said order. "When a citizen of this country is suffering abroad, the authorities have to show due seriousness and secure justice for him. Much is not necessary to specify,” it remarked.

The court also directed the jurisdictional police to remain present before it on August 17, and apprise the court on further steps taken in the investigation.

The bench had earlier suggested the police to conduct a broad investigation and not limit it to the alleged Facebook account of the detenu. It had directed the police to carry out further investigation in the matter with the assistance of experts/agencies in the field of Information Technology.

It had also asked them to prepare the investigation report, on a war footing so that it can be placed before the reviewing court in Kingdom of Saudi Arabia to establish the innocence of the Indian detenu and because of which he may be set free.

The Court also orally said that police should investigate if this a racket wherein some mischievous person has manoeuvred to inculpate him (detenu) into legal imbroglio taking advantage of him stationing in foreign soil.

The directions were given during the hearing of a petition filed by Kavitha Shailesh claiming that her husband Shailesh Kumar was employed in Saudi Arabia. She alleged that Shailesh's Facebook account was hacked and using the same an unknown person posted objectionable content targeting the King of Saudi Arabia and Islam. She claims that she had filed a police complaint in Mangaluru. However, in the meanwhile, the Saudi authorities arrested Shailesh and imprisoned him.

Case Title: MRS KAVITHA SHAILESH And Union of India & Others

Case No: WP 22905/2021