Karnataka HC quashes 2017 case against Sri Ram Sene’s Pramod Muthalik for ‘inflammatory statements’

In the chargesheet, the police alleged when the Sri Ram Sene office was being inaugurated on Shivaji Maharaj Jayanti, Pramod Muthalik made a statement saying, “those who kill the cow, their hands must be cut” and provoked disharmony between two communities.

The chargesheet was filed before the magistrate under Indian Penal Code (IPC) sections 153a (promoting enmity between different groups) and 295a (acts intended to outrage religious feelings, who then took cognizance of the offences.

Muthalik’s counsel argued against the cognizance of these offences by the magistrate since the Criminal Procedural Code specifies that the sanction of the state government had to be taken for such offences, which was not done in the present case. The counsel also argued that independent witness statements were not recorded but only those of the police were relied upon for the chargesheet.

The bench noted, “Perusal of the charge sheet indicates that except the statements of the police personnel, the statements of independent eyewitnesses have not been recorded. Though the statement of the person who is alleged to have videographed the function is recorded, no data is retrieved from the video camera to substantiate that the accused has made inflammatory statements”.

The bench added, “The learned Magistrate has taken the cognizance for the aforesaid offences without there being previous sanction by the State Government. Hence, in the absence of a previous sanction, the cognizance taken by the learned Magistrate for the above-said offences is one without the authority of law. Hence, the continuation of criminal proceedings against the petitioner-accused will be an abuse of process of law.”

The bench then quashed the proceedings.