Karnataka High Court: While deciding the instant petition seeking quashment of proceedings under Section 3 of Karnataka Open Places (Prevention of Disfigurement) Act, 1981 initiated against the petitioners for drawing a graffiti stating “Hijab is our dignity” on the walls of a government school premises in Hosapete Town; the Bench of M. Nagaprasanna, J.*, allowed the petition on the ground that Hosapete Town is not notified within the ambit of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 for the respondents to allege that the petitioners have incurred themselves the wrath of Section 3 of the 1981 Act. Therefore, if further proceedings are permitted to continue, it would become an abuse of the process of the law and result in miscarriage of justice.
A complaint was registered by the Headmaster of Government Girls High School, Near CMC Hosapete, Vijayanagara, narrating the fact that when all the students had left the school and the school had been closed for the day, the walls were clean, but when he entered the school premises the next day on 16.03.2022, the walls were painted with graffiti “Hijab is our dignity” with black paint. The Headmaster therefore filed a complaint for the afore-stated offence and the Police after conducting investigations filed chargesheet against the petitioners.
The counsel for the petitioners sought to quash the proceedings on the ground that the offence under Karnataka Open Places (Prevention of Disfigurement) Act, 1981 could not have been laid against the petitioners as Hosapete Town is not one of the districts which have been notified to be coming under the 1981 Act.
The counsel for the respondents also admitted that no notification has been issued to bring in Hosapete Town under the ambit of the 1981 Act as is necessary under that Act.
Perusing the facts, contentions and admission made by the respondents, the Court noted that there is no notification issued by the State bringing in Hosapete Town under the ambit of Karnataka Open Places (Prevention of Disfigurement) Act, 1981, which is necessary for any incident of disfigurement to become an offence. Thus, the Court allowed the petition thereby quashing the proceedings against the petitioners.
[Muzammil v. State of Karnataka, CRIMINAL PETITION NO. 101193 OF 2023, decided on 01-08-2023]
*Order by Justice M. Nagaprasanna
Advocates who appeared in this case :
For the petitioners- Mohd. Azruddin M., Adv.
For the respondents- V S Kalasurmath, HCGP
