The Karnataka High Court has refused to quash a criminal case registered against a national leader of Popular Front of India (PFI) for allegedly making provocative speech at PFI’s Founding Day event held in Mangaluru during February this year.
Justice B.A. Patil passed the order while rejecting the petition filed by Mohammed Shariff, a resident of B. Mooda village in Bantwal taluk of Dakshina Kannada district.
It was contended on behalf of the petitioner that charge sheet filed against him has no ingredient to attract Section 153A of the Indian Penal Code as his statement has no reference to another religion or any allegation against another religion.
However, the court said 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.”
“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,” the court said while observing that there exists a prima facie material against the petitioner.