In the case of Muzammil v. State of Karnataka, the Karnataka High Court, presided over by Justice M. Nagaprasanna, considered a petition seeking the quashing of proceedings initiated under Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. The petitioners were accused of drawing a graffiti that stated “Hijab is our dignity” on the walls of a government school premises in Hosapete Town.
The court allowed the petition on the basis that Hosapete Town had not been notified as falling within the purview of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. Consequently, the respondents were unable to claim that the petitioners had violated Section 3 of the 1981 Act. Continuing the proceedings under such circumstances would amount to an abuse of the legal process and result in a miscarriage of justice.
The complaint was filed by the Headmaster of Government Girls High School, located near CMC Hosapete, Vijayanagara. The Headmaster reported that when the school was closed and all the students had left, the walls were clean. However, upon returning to the school premises on March 16, 2022, the Headmaster discovered that the walls had been painted with the graffiti “Hijab is our dignity” using black paint. Consequently, the Headmaster lodged a complaint, and the police conducted an investigation, ultimately filing a chargesheet against the petitioners.
The petitioners’ counsel sought to quash the proceedings on the grounds that the offense under the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 could not be applied to the petitioners since Hosapete Town had not been notified as one of the districts covered by the 1981 Act.
The respondents’ counsel also acknowledged that no notification had been issued to include Hosapete Town within the scope of the 1981 Act, as required by the legislation.
After carefully reviewing the facts, contentions, and admissions presented by the respondents, the Court observed that no notification had been issued by the State to include Hosapete Town within the ambit of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. Such notification is necessary for any act of disfigurement to constitute an offense. Consequently, the Court allowed the petition and quashed the proceedings against the petitioners.
Written by Ritika keshari of Shambhunath Institute of Law ( 2nd semester) as a intern at Legal Vidhiya
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