Kochi, Sep 9 In a significant ruling, the Kerala High Court refused to quash criminal proceedings initiated against a man booked for publishing an offensive video with derogatory comments against nuns, priests and bishops on social media.
The case pertained to a hate video that surfaced in 2020.
The prosecution pointed out that this was a purposeful act done by the man to hurt the religious sentiments of Christians and insult the feelings of nuns, priests and bishops.
Justice A Badharudeen after hearing the case pointed out that “prime facie offences are made out” and that “criminal proceedings initiated against the petitioner cannot be quashed.”
“Going by the allegations herein, the arguments advanced by the learned counsel for the petitioner that none of the offences would attract on the facts of the case cannot be appreciated so as to quash the proceedings, since the offences are prima facie made out from the materials,” said Justice Badharudeen.
The police had registered a case against the man under various charges of making a deliberate attempt including bid to hurt religious feelings, indecent representation of women and similar charges.
The man in his petition tried to point out that he had not done any crime and mere abuse, discourtesy, rudeness, insolence would not amount to intentional hurt under Section 504 of the IPC.
He also pointed out that the FIR did not mention the abusive language used by the petitioner and no prima facie offence was made out and argued that there was no indecent representation of women. But the court in its final ruling observed that prayer for quashing the proceedings was unsustainable and hence dismissed the petition.
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