The Karnataka High Court has quashed criminal proceedings against a man accused of raising the controversial slogan ‘Pakistan Zindabad’ at a BJP-organised protest, observing that it was difficult to imagine participants at such a demonstration deliberately raising the slogan.
Justice V Srishananda, while hearing a petition filed by DS Ravi Kumar, took note of the petitioner’s explanation that the words had been uttered inadvertently, with ‘Pakistan Murdabad’ being the intended slogan.
The Court held that continuing the criminal case, in the circumstances, would serve no purpose and would amount to an abuse of the legal process.
How the Controversy Began
The matter originated from a demonstration held on December 18, 2022, by individuals described as BJP supporters in Mandya.
According to the complaint, participants at the protest raised the slogan ‘Pakistan Zindabad’. The complainant, Kannambadi Kumar, claimed that watching a video of the incident had caused him mental distress, prompting him to approach the police.
The Mandya West Police registered a case in 2024 under Sections 153B and 505(1)(b) of the Indian Penal Code, dealing with acts allegedly prejudicial to national integration and public mischief.
DS Ravi Kumar, one of the accused, subsequently approached the High Court seeking to have the proceedings set aside.
Petitioner Says Slogan Was Raised by Mistake
Ravi Kumar’s counsel argued that the alleged slogan was not raised intentionally and that there was no attempt to provoke unrest or target any section of society.
The petitioner maintained that during the heated exchange of slogans, ‘Zindabad’ had mistakenly replaced ‘Murdabad’. His counsel submitted that the alleged utterance did not reflect any intention to disturb public peace.
The State opposed the petition, relying on a video clip submitted by the complainant. The prosecution contended that the footage clearly captured the slogan and alleged that Ravi Kumar had deliberately raised it to create social unrest.
The State also submitted that the demonstration had been organised in response to an allegedly objectionable remark made by Pakistan’s Foreign Minister on December 18, 2022.
Court Questions the Prosecution’s Case
The High Court found the petitioner’s explanation worthy of consideration, noting that deliberately raising a pro-Pakistan slogan at a BJP-organised protest appeared highly improbable.
The Court also took into account the considerable delay in filing the complaint, which was lodged nearly two years after the demonstration.
It further observed that the investigation had failed to establish who had participated in the protest or what consequences, if any, followed from the alleged slogan.
The prosecution could not demonstrate that the incident had triggered unrest within any community or among the general public.
Missing Sanction and Legal Ingredients
The Court also examined the procedural requirements for prosecuting the accused under Section 505(1)(b) of the IPC.
It noted that the Magistrate had taken cognizance of the offence without the requisite prior sanction. The Court additionally found that the essential ingredients of Section 153B were not established in the case.
Considering these shortcomings, the High Court concluded that the criminal proceedings could not be allowed to continue.
The petition was accordingly allowed, and the case against DS Ravi Kumar was quashed.
The ruling was delivered in DS Ravi Kumar v. State of Karnataka.