‘In garb of free speech…’: Karnataka HC refuses to quash case over obscene depictions of Hindu deities in WhatsApp group

The bench, on perusing the investigation records and pictures posted on the WhatsApp group, said, “The content is such that reproduction thereof in a judicial order would itself be inappropriate. The material on its face has the tendency to outrage religious feelings and disturb communal harmony.”

The court underlined that in cases where insult does not lead to disorder, if the act has the propensity to disrupt public order, it squarely falls within the scope of reasonable restriction of free speech. Justice Nagaprasanna said, “In the garb of free speech anything and everything cannot be countenanced.”

Further, the court refused to accept the contention raised by the petitioner that a prior sanction is required before registering an offence under Section 295A of the IPC. The court held, “The sanction would be required only at the stage of cognizance and not for registration of a crime or conduct of investigation. Investigation precedes prosecution.”

Refusing to interdict the ongoing investigation, the court stated that premature interdiction would amount to stifling a lawful enquiry into allegations of serious import.

The court also raised concern that the investigation was not done against all the administrators of the WhatsApp group. Justice Nagaprasanna said, “If the investigation leads to any member being actively involved in permitting circulation of such pictures, they must be brought to book.”