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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL, J.
Sanjay Rai – Petitioner
Versus
State of Punjab and Another – Respondents
CRM-M No. 17992 of 2023
Decided On : 31-07-2023
295-A - Anticipatory Bail - IPC 1860 - Section 295-A
Fact of the Case:
The petitioner sought anticipatory bail in a case filed under Section 295-A of the IPC, 1860, for allegedly insulting the Sikh community and hurting religious sentiments. The petitioner denied the allegations, claiming to have renounced the world and established an Aashram for spiritual preaches without any malicious intent.
Finding of the Court:
The Court appointed an amicus curiae to assist on the issue of whether a living person can claim to be a Guru in the Sikh community. The complainant argued that the petitioner's actions deliberately insulted the Sikh community, while the petitioner denied any malicious intent.
Issues: The key issues included whether the petitioner's actions constituted deliberate and malicious intention to outrage religious feelings, and whether a living person can claim to be a Guru in the Sikh community.
Ratio Decidendi: The Court held that the case depended on mens rea and that the trial court should adjudicate on the merits of the case. It emphasized the importance of religious belief and the need for subjective acceptance, and highlighted the principles of forgiveness and tolerance in religious teachings.
Final Decision: The Court granted anticipatory bail to the petitioner, as the respondents failed to establish malicious and deliberate intent in the petitioner's actions.
JUDGMENT :
SANDEEP MOUDGIL, J.
1. The instant petition under Section 438 Cr.P.C. has been filed for grant of anticipatory bail to the petitioner in FIR No. 152, dated 23.12.2022, under Section 295-A of the IPC, 1860, registered at Police Station Sadar Division E, District Police Commissionerate Amritsar, (Annexure P-1).
The contents of the FIR reproduced as under:
Dated 09.09.2022
To,
The Police Commissioner,
Sri Amritsar
Subject: Regarding Complaint against Sanjay Rai S/o R.M. Rai.
Sir,
The Shiromani Gurdwara Prabandhak Committee, Sri Amritsar is lawful organisation constituted under Gurdawaras Act, 1925. Its Head Office is at Teja Singh Samundri Hall, Sri Amritsar Sahib and it has got the rights for doing legal administrative proceedings of very kind with this name as per Gurdwara Act. As per the report received from the Research Scholar of Shiromani Committee with regard to the complaint received from Sikhs and general public of the Illaqa against Sanjay Rai son of R.M. Rai, resident of Flat No. 419, Phase-5, Mayur Vihar, Delhi at present resident of Ashram village Palakhi, Police Station Bhogrwan, Tehsil Indora, District Kanga (Himachal Pradesh) (Photocopy of which is enclosed herewith). In the video sent by the people of that area the person named Sanjay Rai who by claiming himself as incarnation of Sri Guru Nanak Dev Ji’s soul is falsely claiming of having twelfth sect and by staking the claim of having the entry of the soul of Sri Guru Nanak Dev Ji in himself, and under the dirty policy of insulting Sikh community and by misleading, the people is hurting the prestige and honour of Sikhs. Such mischievous persons promotes the hypocrisy and also looting the poor and innocent persons too. You are requested that by taking this matter seriously and while registering the case under appropriate sections against Sanjay Rai and his associate persons for insulting Guru Sahib, hurting the religious sentiments of Sangat, looting the innocent persons and for breaking the communal harmony in the society and for misleading the people and strict action be taken against them.
Yours faithfully
Sd/-
Partap Singh,
Secretary, Shiromani Gurdwara Prabandhak Committee,
Sri Amritsar City
The application alongwith necessary documents was given by Secretary, Shiromani Gurdwara Prabandhak Committee, Sri Amritsar Commissioner of Police, to the Hon’ble Amritsar City. The Hon’ble Commissioner of Police, Amritsar City marked the application to ACP Cyber Crime Amritsar City for investigation. The ACP wrote in his report that the incident in the application being related to Police Station E- Division, Amritsar sent his report to the Hon’ble Commissioner regarding sending the same to concerned police station. The office of Hon’ble Commissioner of Police, Amritsar by Putting No. 417-PC-CD, Dated 9.9.2022 sent the application to Station House Officer Police Station EDivision and on receiving the said application alongwith documents at police station by post, was sent to the Incharge Police Post Galiara for enquiry. Incharge Police Post Galiara during the course of enquiry wrote in his report that on summoning the applicant party and opposite party I have recorded their statements and perused the Pen drive and four pages translated in Hindi presented by Hitender Atri of applicant party. That from statements and perusal of video made by Sanjay Rai while making the propaganda in the Santlok Ashram, it has been found that during propaganda Sanjay Rai by showing the video shows himself as incarnation of Sri Guru Nanak Dev ji Maharaj and claims himself in coming 12th Sect and also preaches for the same and he by making this video of propaganda also viral the same on social media. Alongwith him his another associate Sachin to whom he states the soul of Sukhdev Rishi also helps him and also upload video on social media. Many things of his propaganda spoken in the video in Pen drive and 04 papers of propaganda duly typed in Hindi are objectionable, becaus
The court ruled that self-proclaiming as a religious figure, intending to outraging communal sentiments, justified continued investigation under Section 295A IPC.
Section 295-A IPC requires proof of deliberate and malicious intent to outrage religious feelings, which was not established in this case.
Outraging religious feelings – Journey from ‘Nar to Narayan’ is not only embedded in ethos of India but is also true to religions born outside India.
The court denied bail based on the gravity of allegations involving incitement to violence, potential witness tampering, and the need to ensure trial integrity.
To establish an offence under Section 295A of the IPC, there must be deliberate and malicious intent to outrage religious feelings, which was not evident in the petitioner's discourse.
The judgment emphasizes the duty of every citizen to promote harmony and the spirit of common brotherhood amongst all people, and the penalization of acts insulting religious beliefs under Section 29....
The court held that deliberate intention is required to constitute an offense under Section 299 BNS, emphasizing that reckless acts, particularly by public figures, attract legal scrutiny in relation....
Deliberate and malicious acts intended to outrage religious feelings, as per Section 299 BNS, necessitate intentional insult to religion, confirming the applicability of cognizable offences in public....
The judgment established the importance of protecting artistic freedom and the need for sensitivity in matters of freedom of speech and expression.
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