Karnataka HC Quashes Pakistan Zindabad Case Against Protestor

• The Karnataka High Court quashed criminal proceedings against DS Ravi Kumar for allegedly shouting 'Pakistan Zindabad'.
• Justice V Srishananda ruled it highly improbable for a BJP protestor to raise such a slogan.
• The court considered the argument that 'Zindabad' was accidentally used instead of 'Murdabad'.
• The proceedings, initiated by Mandya West Police under Section 153B IPC, were deemed an abuse of process of law.
• The ruling prevents unnecessary legal action where the factual basis of charges is illogical.

The court found it highly unlikely that participants in a demonstration organized by the BJP, a prominent political party, would deliberately utter a slogan such as 'Pakistan Zindabad'.

The Karnataka High Court recently intervened to halt criminal proceedings against an individual accused of shouting 'Pakistan Zindabad' during a public demonstration. The case, identified as DS Ravi Kumar v. State of Karnataka, saw the High Court's decision on October 28, effectively ending the legal action against the accused protestor, DS Ravi Kumar.

The accusation against Mr. Kumar stemmed from an incident at a protest organized by the Bharatiya Janata Party (BJP). The Mandya West Police had registered the case in 2024, alleging that Mr. Kumar had raised the controversial slogan. These proceedings were initiated under Section 153B of the Indian Penal Code, which addresses imputations and assertions prejudicial to national integration. Mr. Kumar had subsequently filed a petition seeking to quash these ongoing criminal proceedings before a trial court in Mandya.

Justice V Srishananda, presiding over the matter, delivered a significant ruling by observing the inherent improbability of the accusation. The court found it highly unlikely that participants in a demonstration organized by the BJP, a prominent political party, would deliberately utter a slogan such as 'Pakistan Zindabad'. This fundamental assessment formed a crucial part of the judicial reasoning in the Karnataka HC quashes Pakistan Zindabad case.

The court also gave considerable weight to the petitioner's argument that the phrase 'Pakistan Zindabad' ('long live Pakistan') was uttered accidentally, rather than the intended slogan 'Pakistan Murdabad' ('death to Pakistan'). Justice Srishananda noted that the argument regarding the words 'Zindabad' mistakenly creeping in instead of 'Murdabad' during the flow of slogans warranted serious consideration. This perspective underscored the court's view that the continuation of the criminal proceedings against DS Ravi Kumar would be unwarranted and constitute an abuse of process of law India.

The decision by Justice V Srishananda to quash the criminal proceedings under Section 153B IPC against DS Ravi Kumar sets an important precedent. It highlights the judiciary's role in scrutinizing the factual basis of criminal charges, particularly when the alleged actions appear inconsistent with the context or the accused's known affiliations. The ruling emphasizes that legal processes should not be allowed to continue when they are deemed unnecessary and amount to an abuse of the legal system.

This outcome in the DS Ravi Kumar v. State of Karnataka case reinforces the principle that courts will intervene to prevent the misuse of criminal law, especially in cases involving public demonstrations where intent and context are critical. The Mandya West Police case, now quashed, serves as a reminder that accusations must align with a reasonable interpretation of events, and the burden of proof extends beyond mere allegation to a plausible narrative.

This ruling establishes a precedent for challenging criminal proceedings where the factual basis for charges, especially regarding intent in public demonstrations, appears illogical or constitutes an abuse of process. Lawyers should consider citing this judgment when defending clients accused of similar offenses where the alleged act is inconsistent with the context or the accused's known affiliations.

Source: Original reporting via Bar & Bench