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“Chanting Bharat Mata Ki Jai Is Not Hate Speech” Tells Karnataka HC While Quashing FIR Filed By Police Based On Muslim Man’s Complaint

In a recent ruling, the Karnataka High Court declared that chanting “Bharat Mata Ki Jai” cannot incite discord but rather fosters national unity. Justice K Nagaprasanna observed while quashing an FIR filed against five men—Suresh, Vinay, Ranjan, Dhananjay, and Subhas—accused of promoting communal enmity. The FIR was lodged after a Muslim man claimed the petitioners had threatened him by raising the slogan.

The petitioners, residents of Ullal taluka, stated that on June 9, after attending a celebration for Prime Minister Narendra Modi’s swearing-in, they were attacked by 25 individuals. Two of the petitioners were allegedly stabbed, and the attackers questioned their chanting of “Bharat Mata Ki Jai.” The petitioners filed a complaint against the attackers, but later an FIR was registered against them under Section 153A of the IPC, which deals with promoting enmity between religious groups.

On September 20, while dismissing the FIR, the High Court ruled that investigating the case would effectively mean investigating the slogan “Bharat Mata Ki Jai,” which does not promote religious disharmony. Justice Nagaprasanna called the FIR a “counterblast” to the petitioners’ original complaint and noted that the case failed to meet any of the provisions required under Section 153A.

He emphasized that Section 153A pertains to promoting enmity between religious groups, but in this instance, it had been misused. The judge stated, “This is a clear case of retaliation, not a genuine violation of the law.” The court dismissed the FIR, deeming the allegations unfounded.

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