No Evidence That Gurdas Maan Forced Anyone To Accept Laddi Shah As Descendant Of Third Sikh Guru: P&H High Court Refuses To Quash Cancellation Report

The Punjab and Haryana High Court has refused to set-aside the cancellation report filed by Punjab Police in a case under Section 295-A IPC, alleging Singer Gurdas Maan offended religious sentiments of Sikh masses.

The provision lays down punishment for deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

Gurdas Maan, while performing in one of the Programmes, allegedly stated that Laddi Shah is the descendant of third Sikh Guru, Sri Guru Amar Dass.

Justice Sandeep Moudgil opined,

"There is no iota of evidence directly or indirectly suggesting that accused-Gurdas Maan forced any person or group of particular community as a whole forcing upon them to accept Laddi Shah as a descendant of Shri Guru Amar Das ji...it will be purely a matter of individual's belief to accept his claim or not...this Court is also cautious to the sensitivity but the same time has to look at the things rationally."

Court said free speech has to be protected as it enables individual autonomy, respect and well- being through self-expression. Thus, to prosecute a person under the said offence, "The intentional insult must be of such a degree that should provoke a person to break the public peace or to commit any other offence."

Court said the mere fact that the accused hurled "religiously-compromised" expressions is not sufficient for it to direct the Magistrate to take cognizance of the same.

Reliance was placed on Secy. Ministry of Information and Broadcasting v. Cricket Assn. of Bengal (1995) wherein "the Supreme Court widened the scope of the fundamental right of speech and expression to include the right to educate, inform and entertain and to the right to be educated, informed, and entertained."

Justice Moudgil noted that the trial court has categorically returned a finding that on perusal of the pendrive containing the video footage of Gurdas Maan and even the transcript in Punjabi of the same, it cannot be stated that the accused Gurdas Mann has done any malicious act, intentionally and deliberately, to outrage the religious sentiments and feelings of the petitioner or of any class of community inasmuch as the key ingredient of “Intention” is missing which can be gathered from the circumstances and demeanor of the accused.

It also noted that the accused-singer has apologized and transcript of his apology has also been placed on record.

Thus, the High Court agreed with Trial Court's decision to accept the cancellation report. It said, "Even otherwise, preaching and believing a religion is subjective to its followers or professors and no such malicious act intentionally and deliberatly is established on examination of the report submitted by the Inverstigating Agency and on minute and clinical scrutiny of material available before it which could be considered to say that the act of accused-Gurdas Maan is enough to outrage the religious sentiments of any other class or community as a whole."

Mr Ramandeep Singh Gill, Advocate and

Mr. Jatin Bansal Kotshamir, Advocate for petitioners

Mr. ADS Sukhija, Addl. AG Punjab and Mr. JS Rattu, DAG Punjab

Harjinder Singh @ Jinda & Ors. v. State of Punjab & Ors.

2024 LiveLaw (PH) 231