21 Il IN THE HIGH COUART OF PUNJAB AND HARYANA C 1p9 e 16 CHANDIGARH 1 90 Crle MisceNoe350024 of2007 Date ofdecision l 22042008 SimranjitSinghMann 6ee0 Petitioner VERSUS Respondent t CORAM HONBLE MRJUSTICE VINOD KSHARMA t 0 3 PRESENT Mr RanjanLakhanpalAdvocate for the petitioner C5 Mr KS Pannu AAG Punjab b1 VINOD KSHARMA Jl ORALI Z m Q Thepetitioner seeksquashingofFIR No 185dated 18007 under Section 124A of the Indian Penal Code at Police Station 08 02 Division NoA Jalandhar m7 Z The onlyground on which the petitionerseeksquashing of the Ll presentFIR and is that even if the allegations levelled in the FIR are taken on their face value no offence underSection 124A IPC is made out againstthe petitionerandthus the proceedings are nothingbutmisuseofthe processofthe Coult The FIR againstthepetitionerreadsas under 44 No C116788 dated 15307 received from SP44QJalandhar the contents of the same arel From The Senior Supdtof Police Jalandhar To The Deputycommissioner Jalandhar SulODR in respectof arrest of Sh Simranjit SinghNlann Memo Kindly KUMAR SURESH SHAM LAL 2012.07.09 12:48 Scanned True Copy of Original PHHC,Chandigarh MANPREET SINGH 2021.10.08 10:06 I attest to the accuracy and integrity of this document 22 1 2 Criminal Misc No 35002eMof2007 find enclosed with DDR bearingno4 dated 143007 time 310 pm regarding arrest ofSimranjit SinghMann andothers ln connectlon with Breach of peace this is for your kind information and necessarY action Please Sdl Sr SupdtOf Police Jalandhar lt is requested thatproduced on which sent to judicialcustodyupto213007 in relation to which ASI C HarjinderSinghNo 58210R HC HarmeshLal 1414 Traffic 0 staff ASI Kewal Kishore 1431OR recorded statements of Co I them Upon investigation lt lS found that simranjitSingh C5 Mann alongwith othercompanions on 1432007 gathered at BMC Chowk and raised slogansof anti nation khalistan Z Zindabad instigated common peopleand Dilawar Singh Ct human bomb who assassinated Sh Beant Sineh I 08 framesof his put in his neck and has done a 110 wrongact upon which common peopleand congress e Z workers can be instigated ll The contention of Mr RanjanLakhanpallearned counsel on behalfofthe petitioneris thattheonlyallegation agalnst the petitioner is that the petitionerSimranjit SinghMann alongwith other companlons on 14 ofMay 2007 hadgathered at BMC Chowk Jalandhar andraisedslogansofantilation Khalistan Zindabad It is also the allegationagainstthe petitionerthat he was carrying a of Dilawar Singhhumanbomb who assasinated ShriBeantSingh The contentionof the learnedcounsel for the petitioner 1S KUMAR SURESH SHAM LAL 2012.07.09 12:48 Scanned True Copy of Original PHHC,Chandigarh MANPREET SINGH 2021.10.08 10:06 I attest to the accuracy and integrity of this document 23 1 3 Criminal Misc No 350024 of2007 that mere casualraisingof some slogans a coupleof times by accused person without creationof publicdisorder doesnot constituteany lhreat to Govemmentof India nor does it givea feelingof enmityof hatred amongstdifferent communities or religions or other groups to attract provisions ofSection 1241 IPC In support of this contention Iearned counsel for the 1 petitionerhasplacedreliance on thejudgment of the Honble Supreme C Court in the case of Balwant Singhand another Vs State of Punjab C AIR 1995SC 1785 whereinthe Honble SupremeCourt was pleased to C5 lay down as underl 8 Section 124A IPC readsthus Z 124A Sedition Whoever by words either spokenor written or bysignsor byvisible or otherwise Z 08 brings or attemptsto bring into hatred or contempt or r excites or attemptsto excite disaffection towards le emo Z Govemmentestablishedby law in Indiashall be punished Ll with imprisonment for life to which One may be added or with imprisonment which may extend to three years to which fine may be added or with fine Explanation 1 fhe expressiondisaffection incIudes disioyalty andall feelingsofenmity Explanation 2 Commentsexpressing of the measures of the Govemment with a view to obtain their alteration by lawful means without exciting or to excite hatred contemptor disaffection do not KUMAR SURESH SHAM LAL 2012.07.09 12:48 Scanned True Copy of Original PHHC,Chandigarh MANPREET SINGH 2021.10.08 10:06 I attest to the accuracy and integrity of this document 24 L 4 CriminalMisc No 35002414of2007 constitutean offence underthis section 3 Comments expressing of the administrative or other action of the Government withoutexcitingor attempting to exclte hatred contemptor disaffectiondo not constitutean offence underthis Section A plainreadingofthe above Section would show that 1 r its would be attractedonlywhen the accused 0 bringsor attemptsto bringinto hatredor contemptor excites Ca or disaffectiontowardsthe Governmentestablishedby law 0 in India bywordseitherwritten or spokenor visible signsor I et Thus where some slogansWereraised a Z coupleof times by two accused persons and there was no evidence showingthat the accused persons were leading a I 08 procession or were otherwise raisingthe sloganswith the OO intention to lnclte peopleto create disorder and no W Z disturbance whatsoever was caused by the raisingof the slogansand the people lIl generalwere unaffected and carried on with their normalactivities it cannot be said lo be airnedat excitingor attemptto excite hatredor disaffection towards the Government as established by law in India Hence Section 124A PC would not be attracted to the factsand circumstancesofthe case 33 Learned counsel for the petitioner also placedreliance on thejudgmentof the Honble Supreme Court in the case of Kedar Nath SinghVse State of Bihar AIR 1962 SCe 955 wherein the Honble KUMAR SURESH SHAM LAL 2012.07.09 12:48 Scanned True Copy of Original PHHC,Chandigarh MANPREET SINGH 2021.10.08 10:06 I attest to the accuracy and integrity of this document 25 5 Criminal Misc No 350024 of2007 Supremecourt was pleased to interpretprovisions of Sections 124A andSection505IPC as underl The provisions of the sectionsread as a whole 8longwith the make it clear thatthe sections aim at rendering penalonlysuch activities as would be intendedor havetendency to creale disorder or disturbance l ofpublicpeacebyresort to violence As alreadypointedout 0 the appended to the main bodyof the section C I make it clear that criticism of publicmeasures or comment C5 on Govemmentaction however stronglyworded would be I within reasonablelimits and would be consistent with the Z fundamentalrightof freedomof speechand expressionIt 1S C onlywhen the words written or spokenetc which havethe 08 pernicious tendency or intention of creatingpublicdisorder 00 or disturbance of law and order that the law stepsin to S7 Z preventsuch activities in the interest of pubIicorder So Qa construed the section in our opinionstrikes the correct balance between individLlai ndamental rights and the interest ofpublicorder The petitioneralso placedreliance on the judgmentof this Court in the case ofLte ColePartapSingh Zetdl Vs Union Territory Chandigarh Criminal Misc N0119261 of 1991decided on 1812 1992 whereinthis Court was pleased to quashthe FIR under Sections1244 and 153A ofthe Indian Penal Code and underSection4 2 of the Terrorist and Disruptive Activities 6Preventionl Act where KUMAR SURESH SHAM LAL 2012.07.09 12:48 Scanned True Copy of Original PHHC,Chandigarh MANPREET SINGH 2021.10.08 10:06 I attest to the accuracy and integrity of this document 26 CVl Criminal Misc No 350024Vlof2007 similar allegationsof raisingof sloganswere Ievelled againstthe petltloner Mr KS Pannu learnedcounseIfor thepetitionerhowever controvertedthe contentionsof the learnedcounselfor the petitionerby raisinga pleathatthe evidence is goingon andthe material has been collected by the prosecution toconnect the petitioner with the 1 Q crlme 0 On a consideration of the matter I flnd force in the C I contentionsraisedbythelearnedcounselfor thepetitioner C5 In the presentcase ifthe allegations in the FIR are takenon I their face value no chargeunder Section 124A IPC can be frained or Z W tried in view ofthe authoritativepronouncements ofthe Honble Supreme Courtin the cases of Balwant Singhand another and Kedar Nath I Cl8 Singh supral Therefore the continuattotl of would be OO nothing but misuseofthe process ofthe Court m Z this petitionis allowed The FIRand the proceedingarisingtherefromare orderedto bequashed er Vinod K Sharmal dls Judge J t KUMAR SURESH SHAM LAL 2012.07.09 12:48 Scanned True Copy of Original PHHC,Chandigarh MANPREET SINGH 2021.10.08 10:06 I attest to the accuracy and integrity of this document