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Section 295-A IPC | Punjab & Haryana High Court To Examine Legal Sanctity Of ‘Hukamnama’, Grants Interim Anticipatory Bail To Accused
Aiman J. Chishti
27 April 2023 12:05 PM GMT
The Punjab and Haryana High Court has said that it will examine the legal sanctity of the 'Hukamnama' (edict) and any other provisions of law that bar an individual from preaching Sikh religion as a follower. “The question with regard to the legal sanctity of Hukamnama and any other provisions of law which bars any individual from preaching Sikh Religion as a follower would amount to hurt...
The Punjab and Haryana High Court has said that it will examine the legal sanctity of the 'Hukamnama' (edict) and any other provisions of law that bar an individual from preaching Sikh religion as a follower.
“The question with regard to the legal sanctity of Hukamnama and any other provisions of law which bars any individual from preaching Sikh Religion as a follower would amount to hurt or insult the sentiments and feelings of that particular community in any manner needs examination,” Justice Sandeep Moudgil said in the order, while granting interim anticipatory bail to an accused in an FIR under Section 295-A of the IPC.
The court made the observation while noting that the counsel for the complainant contended that as per the Hukamnama issued, only the Guru Granth Sahib is to be worshipped as the sole Guru, and nobody else. It was on this account that the FIR had been lodged, the counsel said.
To assist the court in examining the question, the bench appointed advocate Baljinder Singh Sra as an Amicus Curiae. Senior Advocate Atul Lakhanpal, who is representing the petitioner, will also assist the court, as per the order.
The court was hearing an anticipatory bail application in an FIR registered under Section 295-A of IPC at a Amritsar Police Station against Sanjay Rai for allegedly hurting religious sentiments of the Sikh community.
It was alleged that the petitioner had claimed himself to be the incarnation of Guru Nanak Dev's soul. It was further alleged that he had insulted the Sikh community by misleading people and had hurt the religious sentiments, prestige, and honour of the Sikh religion.
The court observed that at this stage apart from the allegations recorded in FIR, there is no other clear material to suggest that the Sikh community has been insulted.
The court granted interim pre-arrest bail to the petitioner, observing that no offence under Section 295-A of the Indian Penal Code is prima facie made out.
"However looking into the totality of the fact before adjourning the matter for further consideration, it would be appropriate at this stage, since the Court is prima facie of the view in its firm opinion that no offence under Section 295-A of Indian Penal Code is made out and the petitioner is directed to be released on interim bail in case he joins the investigation, on furnishing personal surety/security bonds to the satisfaction of Arresting Officer/Investigating Officer. The petitioner will also come present as and when called for and cooperate in investigation and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C," said the court.
The matter will now be taken up on May 4.
Counsel for petitioner: Atul Lakhanpal with Arvind Pal Singh Grover.
Counsel for State: Rajiv Verma, DAG, Punjab.
Counsel for complainant: Mrigank Sharma.
Case Title: Sanjay Rai v. State of Punjab
Click Here To Read/Download Order
