By Srijan-
Today, the Punjab& Haryana High Court dismissed the plea of anticipatory bail in which the person was accused of removing turban of a Sikh man and kicking it away, thus showing disrespect towards his long hair and other signs/symbols of the Sikh religion (kakara).
Justice HS Madan stated the seriousness of such offences which are often neglected but can lead to serious religious tensions. In his own words “India is a country, which is inhabited by various people belonging to various religions, races, castes and creeds. All the people live in harmony.”
In case, such type of incidents are viewed lightly and in a causal manner that may result in creating communal and religious tension in the society, affecting peace and tranquility. According to statement of complainant, he was in a conflict with accused over some issue due to which the accused with some of his employees assaulted the Sikh man and also removed and kick his turban.
Concerning over their arrest, two accused persons moved toward the Court for Sessions at Mansa, looking for anticipatory bail, which was permitted to one of them. The petitioner therefore approached the High Court for his bail but the plea was dismissed.
In light of the present case, it is important to note that S.295A of Indian Penal Code clearly states: Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [citizens of India], [by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4[three years], or with fine, or with both.]