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The Punjab and Haryana High Court has ordered the Punjab Police to issue IPC. It has refused to quash the cancellation report filed by singer Gurdas Maan for allegedly hurting the religious sentiments of the Sikh community in a case registered under Section 295-A of the Indian Penal Code.
This section proposes punishment for deliberate and malicious acts intended to outrage religious feelings by insulting the religion or religious beliefs of any class. Gurdas Maan had said during a program that Ladi Shah is a descendant of Shri Guru Amar Das Ji.
Justice Sandeep Moudgil said that there is no direct or indirect evidence that Gurdas Maan pressured any person or any particular community group to accept Ladi Shah as a descendant of Shri Guru Amardas Ji. It will completely depend on the faith of the person whether he accepts his claim or not. The court also takes care of sensitivity but at the same time it has to look at things logically.
The court said that freedom of expression must be protected as it enables the autonomy, dignity and well-being of the individual through self-expression. Thus, to prosecute a person under the said offence, the intentional insult must be of such an extent as to incite the person to disturb the public peace or commit any other offence.
The judge said the trial court had clearly concluded that by looking at the pen drive containing the video footage of Gurdas Maan and even its transcript in Punjabi, it cannot be said that Gurdas Maan had intentionally caused any harm to the petitioner or the community at large or had done so with an intent to outrage religious feelings of any class.
The court has taken cognizance of the fact that Gurdas Maan has apologized in this regard and has also placed a copy of his apology on record. After hearing the arguments of both the parties, the court has agreed with the decision of the lower court to accept the cancellation report.