CRM No. M-33895 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-33895 of 2010 Date of decision: 2.12.2010 Jaswant Singh and another .. Petitioners Versus State of Punjab .. Respondent Present: Mr. Sarwinder Goyal, Advocate with Mr. Sardevinder Goyal, Advocate for the petitioners. Mr. V.P. S. Sidhu, AAG, Punjab. **** S.S. SARON, J. **** Heard counsel for the parties. The petitioners seek pre-arrest bail in a case registered against them for the offences under Sections 295 A, 505 (2) and 120-B of the IPC at Police Station, Barnala. It is alleged by the complainants that they were followers of Dera Sacha Sauda and various persons including the petitioners had been hurting the sentiments of the followers of Dera Sacha Sauda, Sirsa. They had been making false propaganda against the Dera Sacha Sauda due to which they had hurt the sentiments of the followers of the Dera Sacha Sauda Sirsa. A few days back, Baljit Singh Dadu along with others released a video CD at Barnala in which the Head of the Dera Sacha Sauda has been mentioned as “Pakhandi Guru”. Through this Video CD, it is alleged that the party of Baljit Singh Dadu had crossed all limits to raise false propaganda against the Dera Sacha Sauda because of which they were hurt. The activities of the accused had been brought to the notice of the Administration earlier but day-by-day Baljit Singh Dadu by using his political connections had been employing different methods to create evil CRM No. M-33895 of 2010 ::2:: and anti social abetment. Two cases already registered against the accused are mentioned in respect of which it is alleged that the action has been taken by the administration. It is also alleged that despite meeting and requesting Baljit Singh Dadu, he and his followers were unrelenting. It was requested for taking legal action. Learned counsel for the petitioners has contended that in the report dated 23.8.2010 submitted by the DSP, Barnala, the petitioners are not shown to be involved in the case. Besides, said report has been endorsed by the Deputy District Attorney (Legal), Barnala. It is also submitted that Baljit Singh Dadu who is main accused, has been granted regular bail. It is further submitted that in any case Section 295 A IPC does not penalise any and every act of insult or attempt to insult the religion or the religious beliefs of a class of citizens but it penalises only those acts of insults the religion or the religious beliefs of a class of citizens which are perpetrated with the deliberate and malicious information of outraging the religious feelings of that class. In response learned counsel for the State has submitted that the activities of the petitioner and other co-accused are such which show that these were deliberate and malacious acts and were intended to outrage the feeling of the followers of the Dera Sacha Sauda Sirsa. It is submitted that Baljit Singh Dadu has not been granted regular bail or anticipatory bail as stated by the learned counsel for the petitioner. It is, however, submitted that Gursewak Singh, Jagmohan Singh, Ashok Kumar, Sukhdev Singh have been granted regular bail. After giving my thoughtful consideration to the matter it may be noticed that the petitioners have been named in the FIR that has been lodged and it is alleged that they along with other accused had been making propaganda against Dera Sacha Sauda Sirsa which had hurt the religious sentiments of the Dera Sacha Sauda Sirsa. Some days earlier to CRM No. M-33895 of 2010 ::3:: the FIR, Baljit Singh Dadu along with others had released Video CDs at Barnala named as “Pakhandi Guru”. It is alleged that Baljit Singh Dadu had crossed the limits of false propaganda against the Dera Sacha Sauda, Sirsa. The contention of the learned counsel for the petitioners that the DSP, Barnala had in his report dated 23.8.2010 exonerated the petitioners, is not tenable. The said report has been recorded in the Police proceedings after the contents of the FIR (Annexure P-1). It is recorded that the SSP, Barnala on 23.8.2010 had sent the application to DSP, Barnala to verify the facts and take necessary action, besides report within three days. On this, DSP, Barnala carried out an inquiry in respect of the application submitted by Ram Sewak, Major Singh, Hardeep Singh, Ashok Kumar, Baljinder Singh and 25 members' Committee Dera Sacha Sauda Sirsa. It is recorded by the DSP that the application of Ram Singh etc. and 25 members' Committee Punjab Dera Sacha Sauda, Sirsa has been inquired into by associating in the Inquiry Committee members of the Dera Sacha Sauda and Gursewak Singh @ Manga son of Balkar Singh resident of Baba Ali Singh Nagar Patti Road, Barnala and doing job at Shriomani Committee, Amritsar whose duty is at District Moga. The statements were recorded which were attached for perusal. On inquiry it was found that Gursewak Singh @ Manga son of Balkar Singh resident of Baba Ali Singh Nagar Patti Road, Barnala is employed with the Shrimoni Committee, Amritsar Sahib and he is assigned duty in District Moga. His associates are Sandeep Jindal, Buta Sherpuri, Kala President of Veopar Mandal Barnala, Ranjit Singh, Baba Dupehra, a girl namely Raj Kaur Orchestra, Barnala and three other girls and some other boys who by getting together had prepared a cassette “Pakhandi Guru” in which Sirsa Guru had been shown doing bad activities. He had got prepared 5,000 cassettes from Sagar Audio Video Company at Village Ramgarh near Ludhiana and he had got 3,000 cassettes released from Baljit Singh Dadu CRM No. M-33895 of 2010 ::4:: wala, Haryana on 19.8.2010 and had sold some cassettes at the spot. Besides, on 22.8.2010 during Taddi (Bard) programme at Gandha Singh Gurdawara he had sold 30 CDs. Besides, Gursewak Singh @ Manga and his colleagues had prepared a big banner of cassette “Pakhandi Guru”. In this the murder of the journalist, rape of a girl and a boy pushing his father for going to the Satsang at Sirsa had been depicted. Gursewak Singh @ Manga had informed that against Baljit Singh Dadu, case FIR No. 33 dated 22.3.2006 under Sections 295-A, 452, 307, 120-B, 148 and 149 IPC besides Sections 25 and 27 of Arms Act already stands registered at Police Station, Sadar, Bathinda. Moreover, case FIR No. 90 dated 16.7.2007 for the offences under Sections 307,148, 149, 506, 427 and 353 IPC stands registered at Police Station Odha, District Sirsa. Therefore, Gursewak Singh @ Manga, Baljit Singh Dadu Wala and their other companions and well-wishers had prepared the cassette “Pakhandi Guru” which had hurt the religious feelings of the followers of Dera Sacha Sauda, Sirsa and they provoked members of the Sikh religion to create riots and an attempt has been made to vitiate the atmosphere. The report was submitted for taking legal opinion of Deputy District Attorney (Legal), Barnala. The Deputy District Attorney (Legal), Barnala after going through the application as well as report of DSP opined that as per allegations, Gursewak Singh and others had circulated Video CD which outraged the religious sentiments of Dera Sacha Sauda sect thereby promoting ill will between classes on the ground of religion. Therefore, prima facie case in respect of offences under Sections 295-A, 505(2) and 120-B IPC were made out against the accused and if approved a case may be registered in the jurisdiction of Police Station City Barnala. This was approved by SSP, Barnala on 23.8.2010 and SHO, City Barnala was directed to register the case and investigate. Therefore, the contention of the learned counsel for the CRM No. M-33895 of 2010 ::5:: petitioners that DSP, Barnala had in his report exonerated the petitioner and the said report was endorsed by the Deputy District Attorney (Legal), Barnala is not tenable and it does not exonerate the petitioner. The report in fact has mentioned that Baljit Singh Dadu, Gursewak Singh and others had circulated Video CDs which had hurt the religious sentiments of the followers of Dera Sacha Sauda and this resulted in ill will between classes on the ground of religion. The petitioner has not been exonerated in the report but is included amongst the associates who had prepared CDs and distributed the same. Besides, his name is mentioned in the FIR. The contention of the learned counsel for the petitioner that Baljit Singh Dadu has been released on anticipatory bail, is denied by the learned counsel for the State. Learned counsel for the petitioner has not been able to show any order whereby Baljit Singh Dadu has been granted regular bail. In any case, the present is a case for grant of pre-arrest bail in which the parameters are different from that of consideration for grant of regular bail. In case of a pre-arrest bail the advantage of custodial interrogation to elicit more and useful information is to be kept in view, besides the exercise of power to grant pre-arrest bail is some what extraordinary in character. The other contention of the petitioner that Section 295A IPC Act does not penalise any and every act of insult or attempt to insult the religion or the religious beliefs of a class of citizens but it penalises only those acts of insults of attempt to insult the religion or the religious beliefs of a class of citizen which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class is also not tenable. It may be noticed that in the present case the allegations are that violence was sought to be perpetrated with deliberate and malacious intention of fueling religious feeling of a class which comes within the purview of Section 295A IPC. The allegations in the present case are that the CD cassettes were distributed at various places with the intent to provoke members of the Sikh CRM No. M-33895 of 2010 ::6:: religion to create skirmishes and riots in the State. Therefore, the present is not a case which would entitle the petitioner to grant of concession of pre-arrest bail. However, keeping in view of the fact that the other Co- accused of the petitioner have been granted regular bail, it would be just and expedient that if the petitioner surrenders before the police and an application for grant of regular bail is filed, the same shall be considered expeditiously. Accordingly, Criminal Miscellaneous petition seeking grant of pre-arrest bail is dismissed. However, in case, the petitioner surrenders before the Police within 5 days from the date of receipt of certified copy of this order. The application of the petitioner shall be considered by the Court concerned within 2 days of its filing subject to excluding the period of police remand, if any. Nothing stated herein shall be construed as an expression of opinion on the merits of the case and the investigating authorities and the Court as the case maybe shall consider the case independently and in accordance with law. (S.S. SARON) JUDGE December 2, 2010 shabha