The Karnataka High Court has quashed criminal proceedings against a man accused of raising the slogan ‘Pakistan Zindabad’ during a protest organised by the Bharatiya Janata Party (BJP), observing that it was highly unlikely for participants at a BJP demonstration to deliberately raise such a slogan.

Justice V Srishananda, in an October 28 judgment, noted the accused's contention that the slogan was raised inadvertently, with the word ‘Zindabad’ being uttered instead of ‘Murdabad’.

“At the outset, in a demonstration organized by the Bharathiya Janatha Party-a Political Party, it is highly unimaginable that the protesters therein would raise the slogan 'Pakistan Zindabad',” the Court observed.

The Court accepted that the possibility of the slogan being raised by mistake needed consideration and held that continuing the criminal proceedings would amount to an abuse of the process of law.

The Court was hearing a petition filed by DS Ravi Kumar seeking to quash criminal proceedings pending before a trial court in Mandya.

The case arose from a complaint filed by Kannambadi Kumar following a demonstration organised on December 18, 2022, by alleged BJP supporters. The complainant claimed that participants had raised the slogan ‘Pakistan Zindabad’ and that watching a video of the incident had caused him mental distress.

Based on the complaint, Mandya West Police registered a case in 2024 under Sections 153B (imputations and assertions prejudicial to national integration) and 505(1)(b) (public mischief) of the Indian Penal Code (IPC).

Seeking quashing of the proceedings, Ravi Kumar argued that the slogan was neither intentional nor aimed at disturbing public order. His counsel submitted that the words were uttered inadvertently in the heat of the protest, instead of the intended slogan ‘Pakistan Murdabad’.

The petitioner further argued that there was no intention to create social unrest or target any particular community.

Opposing the plea, the State submitted that the video clip provided by the complainant clearly captured the slogan ‘Pakistan Zindabad’. It alleged that Ravi Kumar had deliberately raised the slogan to create unrest in society.

The prosecution also stated that the demonstration was organised in response to an allegedly objectionable statement made by Pakistan's Foreign Minister on December 18, 2022.

The High Court, however, noted that the complaint was lodged nearly two years after the incident, based on a video circulated through a YouTube channel.

The Court also observed that the investigation had failed to establish the identities of the other participants or demonstrate that the alleged slogan had resulted in any social unrest or disturbance among a particular community or the public at large.

Further, the High Court examined the requirement of prior sanction for prosecuting an accused under Section 505(1)(b) IPC and noted that the Magistrate had taken cognizance without the requisite sanction.

It also held that the essential ingredients of Section 153B IPC were not attracted in the case.

Concluding that the continuation of the criminal proceedings was unwarranted, the High Court allowed Ravi Kumar's petition and quashed the case.

Advocate Vinod Kumar M appeared for the petitioner, while High Court Government Pleader Waheeda MM represented the State.