Hyderabad, Sept, 1: The Bombay High Court has refused to quash criminal proceedings against AIMIM Floor Leader Akbaruddin Owaisi over allegedly objectionable remarks about Lord Ram and his mother. The court observed that his speech prima facie appeared intended to mock religious figures and hurt the sentiments of their followers.
Justice Ravindra Joshi said constitutional tolerance cannot become a licence to intentionally hurt the religious feelings of others. The court also noted that Lord Ram is widely worshipped in India. Therefore, it said the alleged remarks could hurt the sentiments of believers.
The case relates to a speech Owaisi delivered during an election campaign in Maharashtra’s Nanded in 2011. The speech reportedly referred to the Ram Janmabhoomi dispute and claims concerning Lord Ram’s birthplace.
Court Flags Intent Behind Akbaruddin Owaisi Speech
The court said the statements cited in the complaint appeared to indicate an intention to mock Lord Ram and his mother. It declined to reproduce the allegedly objectionable remarks in its order to avoid giving them further publicity.
Justice Joshi observed that the statements did not appear to be hurried or careless. Instead, the court said they appeared measured and planned. It also held that the remarks did not advance the issues connected with the Ram Janmabhoomi proceedings.
The court further examined Owaisi’s reliance on freedom of speech. It noted that freedom of speech remains subject to reasonable restrictions. The judge also referred to the Supreme Court’s position upholding the constitutional validity of Section 295A of the Indian Penal Code.
At the same time, the court recognised that citizens have the freedom to follow a religion or not follow one. However, it said that such freedom does not permit deliberate disrespect towards another religion or its followers.
The court also rejected, at this stage, Owaisi’s argument concerning the delay in the complaint and subsequent proceedings. A BJP MLA had lodged the complaint in January 2013. The complaint was later converted into an FIR under Sections 295A and 298 of the IPC. The matter eventually reached the courts in Maharashtra.
The court said the question of whether the Magistrate exercised jurisdiction beyond the limitation period could be considered at a later stage. It therefore declined to terminate the proceedings at this stage.
The judge also expressed concern over the alleged speech remaining available on YouTube. The court said continued public availability could perpetuate the alleged insult to religious sentiments after a competent court had taken cognisance of the matter.
The High Court ultimately disposed of Owaisi’s plea seeking to challenge the proceedings. The order does not amount to a finding of guilt. The allegations remain subject to the trial process.
The case has now brought renewed attention to the balance between free speech, political expression and protection of religious sentiments in India.
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