The Karnataka High Court last week refused to quash an FIR against Congress leader Mukarram Khan, who is accused of making hate speech against Hindus. On 4th February, Justice Rajesh Rai K of the Kalburgi Bench of the High Court observed that there was prima facie case was made out against Khan.
An FIR was filed against Mukarram Khan on February 17, 2022, for making highly objectionable remarks against Hindus during a speech in Sedam city on February 8, 2022, videos of which went viral on social media. Referring to Hindus, Khan had said, “Those stopping our children from wearing hijab will be cut to pieces.” The FIR was filed under Sections 153A, 298, and 295 of the Indian Penal Code.
“As could be gathered from records, the complaint averments clearly disclose that, accused No.1 (Mukarram Khan) on the date of the incident, i.e., on 08.02.2022 at 10:00 a.m. to 2:00 p.m. in Sedam City, with deliberate and malicious intentions, outraged the religious feelings of Hindus by saying that he will cut them into pieces in respect of the Hijab incident,” the High Court noted in its order.
“All these witnesses have categorically stated the act committed by accused No.1 (Khan). As such, there are prima facie materials placed in the charge-sheet against accused No 1 for the offences he has been charged with,” the court added. The High Court, however, quashed the case against the other accused, Soyab Khan, who was accused of giving shelter to Mukarram Khan in Hyderabad to help him escape the police.
“In that view of the matter, if the entire allegations in the charge sheet are accepted on its face value, even then, the allegations made against petitioner No.2/accused No.2 do not make out a prima facie case for the offences under Section 212 of IPC,” the court held, quashing the proceedings against Soyab Khan.
