Chandigarh
The Punjab and Haryana high court on Thursday gave five weeks to singer Gurdas Maan to join investigation in an alleged case of hurting religious sentiments.
On September 15, the high court had granted him interim protection from arrest. The high court bench of justice Avneesh Jhingan, while confirming anticipatory bail to the singer and disposing of his plea said that as no custodial investigation is required, the interim bail granted is made absolute. The court allowed him to join probe through video conferencing but made it clear that in case he failed, the police would be at liberty to move an application for re-calling the order.
Maan was booked under Sections 295A (deliberate and malicious acts, intended to outrage religious feelings) of the Indian Penal Code at Nakodar city police station in Jalandhar on August 26.
Earlier, Maan had told court that he tested positive for Covid and would join the investigation as soon as he recovers. But he had volunteered to join probe through video conference, if investigating agency so desires.
State’s counsel had told court that no recovery is to be made from him and it was also confirmed that he has tested corona positive and that custody is not required.
During a religious fair in Nakodar on August 24, Maan described Ladi Shah of Dera Baba Murad Shah as a descendant of the third Sikh master, Guru Amar Das. When a social media campaign started against his statement, Maan had put up a video on social media, offering an apology for his statement. However, an FIR was registered.
In plea before the HC, he had argued that no offence under Section 295-A of the IPC can be said to be made out against him. It has to be demonstrated that an act has been committed with deliberate and malicious intention, in order to outrage the religious feelings of any class of citizens and such act insults or attempts to insult the religion or the religious beliefs of that class. In the present case, the FIR prima facie fails to disclose that the essential ingredients of offence, were made out, he had argued. “As a humble Sikh and the sensitive citizen, the petitioner made a widely circulated public apology. His words ought to be interpreted in the total background of his lifelong devotion to venerable Sikh Gurus and to the principles of Sikhism,” it was pleaded.
{{/usCountry}}In plea before the HC, he had argued that no offence under Section 295-A of the IPC can be said to be made out against him. It has to be demonstrated that an act has been committed with deliberate and malicious intention, in order to outrage the religious feelings of any class of citizens and such act insults or attempts to insult the religion or the religious beliefs of that class. In the present case, the FIR prima facie fails to disclose that the essential ingredients of offence, were made out, he had argued. “As a humble Sikh and the sensitive citizen, the petitioner made a widely circulated public apology. His words ought to be interpreted in the total background of his lifelong devotion to venerable Sikh Gurus and to the principles of Sikhism,” it was pleaded.
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