SC quashes criminal case against Dhoni

Hurting religious sentiments

What Court said

• Bangalore’s Additional Chief Metropolitan Magistrate did not follow proper procedure while issuing summons to Dhoni

• The trial court failed to seek a police report or consider its jurisdiction in the case as the cricketer was not living in that city

Legal Correspondent

New Delhi, September 5

The Supreme Court today quashed the criminal proceedings initiated against cricketer MS Dhoni on the charge of hurting religious sentiments by appearing as Lord Vishnu on a magazine cover holding a shoe in one hand.

A Bench headed by Justice Ranjan Gogoi held that Bangalore’s Additional Chief Metropolitan Magistrate did not follow proper procedure while issuing summons to Dhoni. The trial court failed to seek a police report or consider its jurisdiction in the case as the cricketer was not living in that city.

Dhoni had come to the apex court following Karnataka High Court’s refusal to quash the case. Earlier, the SC had stayed the operation of the HC order.

Social activist Jayakumar Hiremath had first filed the case. Taking cognisance of the charge, the trial court issued summons asking him to appear in the court, prompting Dhoni to go to the HC.

While hearing his appeal on August 10 last year, the HC criticised sportspersons for signing endorsement contracts with the sole aim of making money without bothering about the social consequences. Nevertheless, Dhoni pleaded that he did not take any money for the photograph. The HC then asked him to file an affidavit to that effect.

Several complaints were filed against him in various parts of the country following the publication of the photo in April 2013, but all these cases were rejected by courts, except two, the other being in Andhra Pradesh.

In the objectionable photo portraying the cricketer as Vishnu, Dhoni was shown holding all products he was endorsing then in several hands, including soft drinks and potato wafers.