Karnataka HC refuses to quash case against Congress leader Mukarram Khan for making inflammatory remarks during 2022 hijab row

A complaint was registered on February 17, 2022, alleging that Khan had made objectionable statements on February 8, 2022, and videos of which had gone viral. Khan was alleged to have said that whoever “opposes the hijab would be cut in pieces”.

The police filed an FIR for offences under sections 298 (wounding religious feelings) and 295 (defiling place of worship with intent to hurt the religion of a class) of the Indian Penal Code (IPC), and after investigation, filed a chargesheet.

In its order, the bench, considering the role of Dr Khan, said any evidence or statement of witnesses or any documents does not support the allegation against accused No.2.

It is a settled position of law that, to invoke Section 212 of the IPC (harbouring offender), the investigation has to be conducted by the police separately after obtaining the magistrate’s permission, since it is a distinct offence requiring registration of a crime, the court noted.

The court held, “In the principal offence, the co-accused cannot be implicated under the said provision. The continuation of proceedings against petitioner No.2/accused No.2 is nothing but abuse of the process of court. The proceedings against the petitioner No. 1 (Khan) shall continue.”

Hijab row in Karnataka

In March 2022, the Karnataka High Court upheld a government order dated February 5, 2022, which effectively prohibited petitioners and other Muslim students from wearing the headscarf in their pre-university colleges.

The court had held that the wearing of hijab by women was not an essential religious practice of Islam. The bench further held that the prescription of a uniform dress code in educational institutions did not violate the petitioners’ fundamental rights. After appeals were filed in the Supreme Court, a split verdict was delivered.