New Delhi (Agency): In a notable decision, the Karnataka High Court has dismissed a criminal case against two individuals for painting graffiti on a school wall. Muzammil, 23, and Mohammad Jamaul, 25, from Hosapete in Vijayanagara district, were initially charged under the Karnataka Open Places (Prevention of Disfigurement) Act. The graffiti, stating “Hijab is our dignity,” was discovered by the headmaster of the Government Girls High School.
The headmaster had reported the graffiti to the police, resulting in an investigation. Charges were filed against Muzammil and Mohammad Jamaul. The two accused then appealed to the high court to have the case against them dropped.
The court, presided over by Justice M Nagaprasanna, examined the case and delivered its judgment on August 1. The key point made in court was about the geographical jurisdiction of the Act under which the two men were charged.
The advocate for the accused argued that the Vijayanagara district, where the incident took place, is not included under the Act. The court noted, “For an incident to become an offence under Section 3 of the Act, the rigor of Section 1 of the Act will have to be noticed.” In simpler terms, for a place to come under the Act’s scope, there needs to be a notification from the state government. In this case, no such notification existed for Hosapete Town.
The court concluded, “Therefore, quashing the case against the two accused.” It added that, since there was no notification extending the Act to cover Hosapete Town, any further legal proceedings would be an “abuse of the process of the law and result in miscarriage of justice.”
This judgment highlights the importance of technical details in legal cases. Even though the accused had painted graffiti, the specific laws that would make this act a crime were not applicable in their location. The case also brings attention to the debate on freedom of expression and the limits imposed by law.
