On Friday, the Karnataka High Court decided not to dismiss a criminal case against an individual accused of sharing offensive and obscene images of Hindu deities in a WhatsApp group. The court ruled that such actions do not fall under the protection of free speech rights.
A single-judge bench led by Justice M Nagaprasanna rejected a petition from Sirajuddin, a resident of Dakshina Kannada, who faced charges stemming from a 2021 incident involving the alleged outrage of religious sentiments.
The case originated from a complaint by a local resident from Belthangady taluk, who reported that after joining the WhatsApp group via an invite link, he encountered repeated circulation of inappropriate images depicting Hindu deities and political figures.
The complainant noted that the group consisted of six administrators and around 250 members, alleging that the shared content was intended to insult religious beliefs and provoke outrage.
Upon reviewing the investigation records and the images in question, the court remarked that reproducing the material in a judicial order would be inappropriate due to its nature.
The court stated, “The material on its face has the tendency to outrage religious feelings and disturb communal harmony.” It emphasized that even if an insult does not lead to immediate disorder, any act that could disrupt public order is subject to reasonable restrictions on free speech.
Justice Nagaprasanna noted, “In the guise of free speech, anything and everything cannot be accepted.”
The court dismissed the petitioner’s claim that prior approval from the state government was necessary before filing an offense under Section 295A of the Indian Penal Code, clarifying that such sanction is only needed at the stage of cognizance, not for the registration of a crime or investigation.
The High Court also stated that it would not interfere with the ongoing investigation, asserting that premature intervention would hinder a lawful inquiry into serious allegations.
“If the investigation reveals any individuals involved in the distribution of such images, they must be held accountable,” Nagaprasanna concluded.
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