Alka Verma –
Published on: September 14, 2021, at 13:00 IST
Gurdas Maan has moved to Punjab and Haryana High Court against the denial of his Anticipatory Bail plea in the Jalandhar Court.
In the application filed before the High Court, Maan’s lawyers have mentioned that “Section 295 (A), IPC is invoked for deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. However, a bare perusal of the FIR shows that no offence under section 295 (A) IPC, can be said to be made out against the petitioner, as the basic ingredients of Section 295 (A) IPC, are not fulfilled.”
Furthermore, they have added, “It is submitted that to fasten liability for an offence under the section, 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.”
The lawyers have stated that the word ‘deliberate and malicious intention’ has a deep meaning. No such intentions of the accused have been found yet.
They have also mentioned that Gurdas Maan himself is a Punjabi and also a devotee of all the Sikh Guru.
The lawyers have also stated that Maan is a singer by profession and in his career, he has devoted many songs to Sikh Gurus and culture.
Maan was booked under Section 295 (A) of IPC for harming religious sentiments by commenting derogatory remarks during a religious fair at Dera Baba Murad Shah in Nakodar last month.
The case was filed against him by different Sikh Organizations for harming religious sentiment.
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