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In a matter pertaining to outraging religious sentiments, Punjab and Haryana High Court has said that clicking and uploading photo of an injured old Sikh man on social media without his turban would prima facie amount to hurting the religious feelings.

Bench of Justice Anupinder Singh Grewal, therefore, rejected a pre-arrest bail plea seeking relief on the ground that such an act would not make out a case under Section 295-A Indian Penal Code.

In the instant matter, the turban of a 65-year-old elderly man was taken off and he was repeatedly beaten up. It is alleged that the petitioner seeking the anticipatory bail along with other co-accused had video-graphed him without the turban when he was bleeding and the same had been uploaded on Facebook.

Importantly, the FIR in the case got registered after a delay of one year and five months.

The counsel for the complainant had alleged that only after issuance of the notice by the court, the Police had registered the FIR under Sections 323, 341, 506, 148 IPC (offences under Sections 295-A and 149 IPC and Section 66-E of the Information Technology Act, 2000 added later on) against the accused/present petitioner.

However, pleading for the pre-arrest bail, the petitioner had contended that the aforenoted sections are bailable and prima facie case under Section 295-A would not be made out in this matter.

He had placed his reliance upon an inquiry report by the Deputy Superintendent of Police of the area in which he had stated that the allegations of hurting the religious feelings of the complainant were not made out.

After taking note of the rival contentions, the court concluded,

“It is manifest that the complainant is 65 years old elderly person……..The petitioner and other accused had video-graphed him without the turban when he was bleeding and the same had been uploaded on Facebook.”

Therefore, stating that the turban is an essential religious symbol, the court held,

“Photographing of an elderly person in an injured condition without the turban and uploading it for public viewing on a social platform would prima facie amount to hurting the religious feelings.”

Accordingly, the court refused to agree with the contention of the petitioner’s counsel that a prima facie case under Section 295-A IPC was not made out and declined to grant the concession of anticipatory bail.

Case Title: Gurpreet Singh and Others v. State of Punjab