High Court orders quashing of FIR registered for hurting religious sentiments

 

 

 

 

 

The Nagpur Bench of the Bombay High Court, comprising Justice Vibha Kankanwadi and Justice Vrushali Joshi, has ordered the quashing of an FIR and charge-sheet filed against Pramod Shendre, a soldier, and Dr Subhash Waghe, a medical practitioner, in connection with a case lodged by Shahbaz Siddiqui at Narkhed Police Station. The case, which had its origins in an FIR dated August 3, 2017, accused Shendre and Waghe of offenses under Sections 295A (deliberate and malicious acts intended to outrage religious feelings), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code. Siddiqui, a private person residing in Narkhed, had alleged that the applicants insulted the Muslim community through a WhatsApp group conversation which led to the filing of the complaint. During the court proceedings, the counsel of the applicants, argued that the FIR and charge-sheet were motivated by malice and did not meet the necessary legal requirements. He contended that the conversations in the WhatsApp group were not -intended to outrage religious sentiments and that the prosecution failed to secure the required sanction under Section 196(1) of the CrPC for prosecuting such offenses.

 

In contrast, the prosecution maintained that the conversations in the WhatsApp group, which were viewed by Siddiqui after being added to the group, were inflammatory and violated Section 295A of the IPC. The Court noted several critical flaws in the prosecution’s case. It was highlighted that the FIR and charge-sheet lacked the necessary sanction from the government, a prerequisite for proceeding with such serious charges. Furthermore, the court observed that the investigation was conducted in a manner that seemed selective and lacked a comprehensive examination of all relevant evidence. The judges remarked on the importance of ensuring that such sensitive matters are approached with utmost care and that any charges of this nature must be supported by clear evidence of deliberate and malicious intent to outrage religious feelings. Adv Sameer Sonwane represented the applicants, AGP Anup Badar for State while Adv R S Akbani for non-applicant.