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People In India Live In Harmony But Some Mischievous Persons Try To Create Tension By Hurting Religious Sentiments: Punjab & Haryana High Court [Read Order]

Sparsh Upadhyay
26 Oct 2020 1:05 PM GMT
People In India Live In Harmony But Some Mischievous Persons Try To Create Tension By Hurting Religious Sentiments: Punjab & Haryana High Court [Read Order]
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"India is a country, which is inhabited by various people belonging to various religions, races, castes and creeds. All people live in harmony. Mostly, people show respect for each others' religious feelings but on some occasions, some mischievous persons try to create tension by hurting religious sentiments of others", observed the Punjab & Haryana High Court on Friday (16th October).

The Bench of Justice H. S. Madaan made this observation, while hearing a pre-arrest bail application filed by Petitioner/Accused (Lakhveer Singh), who is an accused in FIR No.0160 dated 25.09.2020, for offences under Sections 341, 323, 149, 109 and 295 of IPC, registered with Police Station City-1, District Mansa.

Matter before the Court

The complainant Ugar Singh got his statement recorded with the police to the effect that on 24.09.2020 at about 06.15 AM, while he was going to Gurudwara Sahib for paying obeisance, the Petitioner/Accused (Lakhveer Singh), along with other accused assaulted him

The acts attributed to the Petitioner/Accused (Lakhveer Singh) was that he, along with a co-accused had removed the turban of the complainant and then kicked it away, showing disrespect towards his long hair and other signs/symbols of Sikh religion (kakara) being worn by him, needs to be dealt with all the seriousness and strictness.

Court's Order

The Court, while denying Petitioner/Accused (Lakhveer Singh) the benefit of pre-arrest bail, remarked that,

"In case, such type of incidents are viewed lightly and in a casual manner that may result in creating communal and religious tension in the society, affecting peace and tranquillity." (emphasis supplied)

Thus, the Court observed that the facts and circumstances of the case do not warrant the grant of discretionary equitable relief of pre-arrest bail to the Petitioner/Accused.
The Court was of the view that his custodial interrogation was necessary for complete and effective investigation, so as to find out as to how the incident was planned and executed, who were the other persons involved in the planning and providing indirect help in carrying out of the incident.

The Court further said,

"In case the custodial interrogation of the petitioner/accused is denied to the investigating agency, it shall leave many gaps and loopholes, adversely affecting the investigation, which is uncalled for."

Thus, finding no merit in the instant petition, the same stood dismissed.

Click Here To Download Order

[Read Order]

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