In a recent judgment that highlights the interplay of legal technicalities and social issues, the Karnataka High Court quashed a criminal case against two individuals who had painted graffiti on a school wall during the Hijab controversy. The case was dismissed on the ground that the Vijayanagar district, where the incident occurred, had not been notified under the Karnataka Open Places (Prevention of Disfigurement) Act.
The incident took place on March 16, 2022, when graffiti stating "Hijab is our dignity" was discovered on the walls of a government girls' high school in Hosapete, a town in the Vijayanagar district. Following a complaint by the headmaster, Muzammil and Mohammad Jamaul were charged under the aforementioned act. A charge sheet had been filed against them after investigation.
Justice M Nagaprasanna presided over the case and delivered the judgment on August 1, 2023. The core argument presented by the defendant's counsel was that the Vijayanagar district was not notified under the Act, making the application of the act in this case invalid. The court concurred with this view, emphasizing that for an incident to be classified as an offence under Section 3 of the Act, the area must fall under Section 1 of the Act.
Section 1 of the Act mandates that a place or local area must be officially brought within the Act's ambit through a notification issued by the state government. In this instance, Hosapete Town had not been notified as falling under the Act's jurisdiction. The court observed that since the town was not officially included, any further legal proceedings would constitute an abuse of the legal process and result in a miscarriage of justice.
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