'Homage' To Deceased Singer: Punjab & Haryana HC Grants Pre-Arrest Bail To Author Of Book On Sidhu Moosewala In Defamation Case

The Punjab & Haryana High Court has granted anticipatory bail to the author of a book based on deceased Punjabi singer Sidhu Moosewala's life account, in a defamation case.A complaint was filed by Moosewala's father against the author–Manjinder Singh who wrote the book 'The Real Reason Why Legend Died' under sections 451, 406(criminal breach of trust), and 380(theft) of the Indian Penal Code, along with Section 356(3) of the Bharatiya Nyaya Sanhita (BNS), alleging that it contains defamatory material against singer's family.Justice Sandeep Moudgil said, “There is no valid or cogent reason to deny the bail to the present petitioner as the book is a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it was not a case of intellectual property theft.”The Court said that as per the translated extract of the book, it found nothing offensive or derogatory as such addressed to Sidhu Moosewala, and "statements made are within the bounds of legitimate criticism".The court further underscored that every citizen is guaranteed freedom of speech and expression under Article 19(1) of the constitution though this right has to be exercised within reasonable restrictions enshrined under Article 19(2) of the constitution. It added further that at the time of granting the bail has to only see whether "Prima Facie" allegations seem to be true or not and not to see the other and additionally overwhelming circumstances.Singh had filed an anticipatory bail plea stating that he is a Professor, lending credibility to his position as an academic or intellectual, potentially reinforcing the idea that the book was written with academic intent rather than for personal gain or malice.Singh's counsel contended that the petitioner did not commit any theft and the photographs and other materials referenced in the book are easily accessible on the internet, suggesting that they are not private or confidential, and their use in the book does not violate any rights.Opposing the bail, the state's counsel contended that the present case involves the theft of an album with photographs from the residence of the complainant, who is the father of Sidhu Moosewala, a well-known Punjabi singer. He added that the petitioner, in a book, has reportedly mentioned Sidhu Moosewala's alleged links with gangsters and his possible involvement in the murder of Vicky Middukhera.After hearing that submissions the judge found no valid reason to deny the pre-arrest bail to Singh.Observing that, there are bona fide intentions and willingness to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time, the Court granted the relief.Case Title: MANJINDERSINGH @MANJINDERMAKHA VERSUS STATE OF PUNJAB Citation: 2025 LiveLaw (PH) 76Mr. R. Kartikeya, Advocate with Mr. Kartik Patyal, Advocate for the petitioner.Click here to read/download the order

'Homage' To Deceased Singer: Punjab & Haryana HC Grants Pre-Arrest Bail To Author Of Book On Sidhu Moosewala In Defamation Case

Aiman J. Chishti

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