Karnataka hijab graffiti case: HC dismisses case against two accused

The Karnataka High Court dismissed a case against two individuals from Hosapete in the Vijayanagar district who were accused of painting the phrase "Hijab is our dignity" on school walls. The case was registered under the Karnataka Open Places (Prevention of Disfigurement) Act. 

The court ruled that Vijayanagar was not covered by the Act according to the state government. Justice M Nagaprasanna granted the request for discharge of Muzammil (23) and Mohammad Jamaul (25), both residents of Chitwadgi in the Vijayanagar district.

The complaint against the two men was filed after HL Kumaraswamy, the headmaster of the Government Girls High School in Hosapete, reported discovering the graffiti on March 16. The phrase "Hijab is our dignity" was found written in black on the school wall. Kumaraswamy alleged that the walls were clean when the students left the school premises around 5.45 pm on March 15, 2022. However, upon his arrival at the school at 9 am the following day, he found the graffiti on the walls.

Following an investigation, the Hosapete police charged the two men under section 3 of the KOPD Act, which carries a penalty of six months' imprisonment or a fine of up to Rs 1,000, or both. Muzammil and Jamaul contested the charges in the High Court, asserting that their district was not covered by the Act.

“In the light of the fact that there is no notification issued by the State bringing in Hosapete town under the Act, further proceedings, if permitted to continue, would become an abuse of the process of the law and result in miscarriage of justice,” the bench said.