The Karnataka High Court recently quashed a criminal case against students and faculty members of the Jain Centre of Management Studies (Deemed University). The case was filed over a skit performed during a college event that allegedly made derogatory references to Dr. B.R. Ambedkar and the Dalit community. The court ruled that the skit was a form of satire, protected under Article 19 of the Indian Constitution, which guarantees the right to freedom of speech and expression.
Background of the Case:
The incident took place during the Jain University Youth Fest-2023, held at the NIMHANS Convention Centre in Bengaluru. As part of the event, students performed various programs, including a skit or short play. The skit, which was intended to showcase the students' acting skills, allegedly contained references that were perceived as insulting to Dr. B.R. Ambedkar and the Dalit community.
Following the performance, a complaint was filed, leading to the registration of an FIR under Sections 153-A, 149, and 295-A of the Indian Penal Code (IPC) and Section 3(1)(r)(s) and (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioners, including students and faculty members, approached the High Court seeking to quash the FIR, arguing that the skit was meant for entertainment and did not intend to insult any community or religion.
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Court's Observations:
Justice S.R. Krishna Kumar, presiding over the case, carefully examined the complaint, the FIR, and the transcript of the skit. The court noted that the skit was performed for entertainment purposes and did not have any intention to harm or humiliate any community or religion. The judge observed:
"The skit/short play performed by the petitioner was in the nature of satire/entertainment, which is constitutionally protected under Article 19 of the Constitution of India, which guarantees freedom of speech and expression. The impugned FIR clearly does not meet or satisfy the basic ingredients of the offences alleged against the petitioner."
The court also pointed out that the FIR was not lodged by a member of the SC/ST community, and there was no evidence to suggest that the petitioners had any intention to insult or humiliate any member of the SC/ST community in a public place. The judge further stated:
"The necessary ingredients constituting the offences are conspicuously absent, especially when the said skit/short play was done for mere/sheer entertainment purposes and not with any intention to harm or humiliate any community or race nor make any reference to a particular religion or religious belief."
The court referred to several legal precedents, including the Supreme Court's decision in the case of Gorige Pentalah vs. State of Andhra Pradesh, where it was held that for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, there must be a clear intention to insult or humiliate a member of the SC/ST community. The court also cited the case of Indibly Creative (P) Ltd. vs. State of West Bengal, where the Supreme Court emphasized the importance of satire as a form of expression protected under the Constitution.
Justice Krishna Kumar concluded that continuing the proceedings against the petitioners would amount to an abuse of the process of law. The court ruled in favor of the petitioners, quashing the FIR and all related proceedings.
In its final order, the court stated:
"Both Crl.P.No.2845/2023 and Crl.P.No.2064/2023 are hereby allowed. All further proceedings pursuant to Crime No.32/2023 registered by the 1st respondent – Police, registered for the offences punishable under Sections 153-A, 149, and 295-A of IPC and Section 3 (1) (r) (s) and (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending on the file of LXX Addl. City Civil and Sessions Judge, Bangalore, insofar as the petitioners are concerned, are hereby quashed."
Case No: CRIMINAL PETITION NO. 2845 OF 2023 C/W CRIMINAL PETITION NO. 2064 OF 2023.
