The Supreme Court on Monday asked how shouting “Jai Shri Ram” was a criminal offence and sought the stand of the Karnataka government, reported Live Law.

A bench of Justices Pankaj Mithal and Sandeep Mehta was hearing a petition against a Karnataka High Court order quashing criminal proceedings against two persons accused of trespassing in a mosque in Dakshin Kannada and shouting “Jai Shri Ram”.

On September 13, the High Court said: “It is un-understandable as to how if someone shouts 'Jai Shri Ram' it would outrage the religious feeling of any class. When the complainant himself states that Hindu – Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.”

On Monday, the Supreme Court asked the complainant how the accused persons were identified.

“Did you see CCTV and made the accused party,” the court asked, reported Bar and Bench.

Asking the state government to file its response, the bench listed the matter for January 2025.

The alleged incident dates back to September 2023. The complainant had alleged that two persons, identified as Keerthan Kumar and Sachin Kumar, entered a local mosque named Badnya Jumma Mashib and shouted “Jai Shri Ram”.

They also allegedly threatened the Muslim community, saying that “they will not allow them to live in peace”.

The complainant alleged the two persons tried to spark tension between the Hindu and Muslim communities in the area, who had otherwise been living in harmony.

Both the accused were booked and arrested by the police under Indian Penal Code sections pertaining to criminal trespass (447), punishment for deliberately insulting the religious feelings of any class of people (295A), statements conducing public mischief (505) and punishment for criminal intimidation (506).

They received bail within four days and later filed a writ petition before the Karnataka High Court seeking to quash the criminal proceedings against them.