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'Insulting' Jain Saint: P&H HC Directs Vishal Dadlani and Tehseen Poonawala To Pay Rs. 10Lakh Each To Quash FIR Though No Offences Are Made Out
LIVELAW NEWS NETWORK
1 May 2019 5:11 PM IST
It would be appropriate to impose the costs of `10 lacs each on the petitioner – Vishal Dadlani and the petitioner –Tehseen Poonawala, so that in future they may not mock at any head of a religious sect, just to gain publicity on social media like Twitter.
The Punjab and Haryana High Court has imposed costs of Rupees Ten Lakhs each on Vishal Dadlani and Tehseen Poonawala for 'insulting' Jain Saint Tarun Sagar in Twitter, even though it found that the criminal cases registered against them are liable to be quashed.The High Court has held that no offences under Sections 153A, 295A , 509 IPC And 66E of IT Act made out from the Compliant.But...
The Punjab and Haryana High Court has imposed costs of Rupees Ten Lakhs each on Vishal Dadlani and Tehseen Poonawala for 'insulting' Jain Saint Tarun Sagar in Twitter, even though it found that the criminal cases registered against them are liable to be quashed.
The High Court has held that no offences under Sections 153A, 295A , 509 IPC And 66E of IT Act made out from the Compliant.
But Justice Arvind Singh Sangwan observed that the duo have not only insulted Jain Muni but have also hurt the sentiments of the followers of Jain religion. The court said that the costs are being imposed so that in future they may not mock at any head of a religious sect, just to gain publicity on social media like Twitter.
Vishal Dadlani, in his tweets had criticized Tarun Sagar's nude appearance as well as the action of the Haryana Government in calling a religious Guru in the Legislative Assembly. Tehseen Poonawala had put semi nude photograph of a lady by way of a Photoshop with the Jain saint and has raised a finger towards his character by comparing him with a slut. On the basis of complaint filed by one Puneet Arora, an FIR was registered against the duo alleged offences under Sections 295-A, 153-A and 509 of the Indian Penal Code and Section 66E of the Information Technology Act.
To quash the FIR, the bench noted these facts:
- Nothing is mentioned in complaint that the complainant is a follower of Jain religion
- Vishal Dadlani appeared before the Jain Muni Tarun Sagar to obtain his blessings, he forgave him and had issued a similar dictum to his follower and therefore, none of the follower of Jain religion opted to prosecute them, either by way of filing a police complaint or a complaint before the competent Court of Law. It is also stated that none of the follower has made any statement in support of the FIR.
- From the bare perusal of the FIR, offence under Section 295-A IPC is not made out.
- FIR, nowhere reflects that there was mens rea on the part of the petitioners to promote any such enmity as defined under Section 153-A IPC
- Though, Tehseen Poonawala, he has put a photograph of an unknown lady in semi nude condition with the photograph of Jain Muni Tarun Sagar and it is stated that if the Jain Muni can walk naked then why a woman should be called a slut, however, the same is not intended to insult any woman in particular as the offence under Section 509 of IPC referred to intending to insult the modesty of any woman.
- No offence under Section 66E of the Information Technology Act, 2000 is made out from the bare perusal of the FIR.
While imposing the costs on Dadlani and Poonawala, the court said:
"In recent years, the country has witnessed large scale violent protest on incitement made by using social media platform, thereby, causing extensive damage to public property. However, the preachings of Jain Muni Tarun Sagar about non-violence, sacrifices and forgiveness, has avoided repetition of such like protest. Therefore, it would be appropriate to impose the costs of `10 lacs each on the petitioner – Vishal Dadlani and the petitioner – Tehseen Poonawala, so that in future they may not mock at any head of a religious sect, just to gain publicity on social media like Twitter."
The bench directed Poonawala to deposit 5 Lakhs with the Tarun Kranti Manch Trust (Regd.) (a Trust created by late Jain Muni Tarun Sagar) and another 5 lakhs with the Poor Patient's Fund (Prabh Aasra) in Post Graduate Institute of Medical Education and Research (P.G.I.M.E.R.) at Chandigarh. Vishal Dadlani was directed to deposit the costs of 5 Lakhs with the Shri Digamber Jain Mandir Trust, Sector 27, Chandigarh and 5 lakhs with the Punjab and Haryana High Court Advocates Welfare Fund. FIR and all other proceedings arising therefrom are ordered to be quashed subject to payment of costs on or before 01.09.2019, failing which these petitions will be deemed to be dismissed, the court said.
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