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“It is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed.”
“The purpose and intention to incorporate Clause 4 in Circular dated 20-08-2009 is that “no particular person, caste, sub-caste or religion should be given undue advantage disturbing the communal harmony in the society.”
The petitioner’s right to organize and participate in a religious event is protected under Article 25 of the Constitution of India and merely based on certain objections raised by the member of one community, it cannot be denied.
The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.
This petition has been filed by Emani Anantha Satyanarayana Sarma, former IAS Officer and Trilochan Sastry, former IIM Dean.