'Every God Was Born Human, Journey From Nar To Narayan True For All Religions': P&H HC Quashes FIR For Derogatory Remarks Against Lord Valmiki

The Punjab & Haryana High Court has quashed an FIR against Punjabi film actor, Rana Tang Bahabur under Section 295-A IPC and SC/ST Act for allegedly passing remarks against Lord Valmiki, observing that "every God was born human." The FIR was lodged against the actor for saying that Lord Valmiki was a dacoit in his early life.

Justice Pankaj Jain said, "Whichever religion it may be, the worshiped Gods were born as humans. Owing to their contributions to the society and the strength of their character, they attained divinity. Inspired by them and Whichever religion it may be, the worshiped Gods were born as humans. Owing to their contributions to the society and the strength of their character, they attained divinity. Inspired by them and believing numina, people started worshiping them. The journey from 'Nar to Narayan' is not only embeded in the ethos of India but is also true to the religions born outside India."

These observations were made while hearing a plea of the actor under Section 482 Cr.P.C. seeking quashing of FIR under Sections 295, 295-A IPC, Section 3 of SC/ST Act at a Police Station in District Jalandhar and another FIR lodged in Amritsar under Section 295 IPC.

According to the FIR, during an interview, Bahabur had said that Lord Valmiki was a bandit in his early life, which hurt the sentiments of the Valmiki community. 

After hearing the submissions, the Court considered the question, "Whether the allegations as levelled in the FIR against the petitioner, constitute offences punishable under Sections 295/295-A of the IPC and Section 3 of the SC/ST Act?"

The judge said, in order to constitute an offence punishable under Section 295 IPC, the following ingredients are crucial:

(i) Allegations against the accused should be of destroying, damaging or defiling of any place of worship, or any object held sacred by any class of persons

(ii) Such destruction/damage or defiling must be with an intention of insulting the religion of any class of persons or with the knowlege that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion.

Likewise, it was said that to constitute an offence punishable under Section 295-A IPC, it is imperative to satisfy the following ingredients :

(i) Making publication by words either spoken or written or by signs or by visible representations or otherwise;

(ii) Such publication must insult or it should be an attempt to insut the religion or religious beliefs of any class; and

(iii) Such publication must be made with deliberate and malicious intention of outraging the religious beliefs of that class.

Similar are the ingredients of Section 3 of the SC/ST Act, the Court added.

Reliance was placed on the Supreme Court case of Mahendra Singh Dhoni v. Yerraguntla Shyamsundar, wherein it was held that the penal provision does not take into its ambit every act of insult or attempt to insult the religion or the religious beliefs of a class of citizens.

 "Thus, the Apex Court held that the deliberate malicious attempt to outrage the religious belief of a class of citizens is must to bring an act within the ambit of Section 295-A IPC," the Court added.

Refusing to go into the veracity of the statement made against Lord Valmiki, Justice Jain opined, "it will not be in the interest of justice to allow the proceedings in the present case to continue."

Consequently, the FIR was quashed.

Mr. Suvir Sidhu, Advocate and Ms. Tejaswini, Advocate for the petitioner.

Mr. J.S. Arora, DAG, Punjab.

Citation: 2024 LiveLaw (PH) 197

Title: Rana Jung Bahadur v. State of Punjab

Click here to read/download the order