Petition By PFI Leader Sec-153A Of IPC Refused To Be Quashed: Karnataka HC

Team SoOLEGAL 7 Oct 2020 3:23pm

Petition By PFI Leader Sec-153A Of IPC Refused To Be Quashed: Karnataka HC

The Karnataka High Court has refused to quash the criminal case on Mohammad Shariff, a national leader of Popular Front of India, accused for delivering hate speech in the month of February this year. The Court said it attracts the provisions of Section 153 of the IPC, which is in the form of innuendo."

Petitioner-accused referred in his petition that his speech wasn’t including any intention of hate for other community or religion which attracts the provisions of Section 153A. The Court observed that “On close reading of the contents of the speech in the complaint, there are two religions. One is the Muslim community and another one has been indirectly in the form of innuendo, and it has been stated with reference to the other religions.”

Noticing the prima facie material against the accused-petitioner the Bench of Justice BA Patil held that “Whether he was having an intention or not, is a matter which has to be considered only at the time of trial. He has to come and explain under what circumstances, with what intention he has made such statement”

Tagged: IPC   Karnataka HC   criminal case   Mohammad Shariff   Justice BA Patil  
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