Read Time: 04 minutes

The Jharkhand High Court recently quashed entire criminal proceedings against Union Minister Narendra Singh Tomar for his statement calling Congress leader Rahul Gandhi “hair of tail (poonch ka baal)” during a political rally at Dhanbad in the year 2016.

Charges under section 504 of the Indian Penal Code (intentionally insulting to provoke breach of peace) were invoked against Tomar on a complaint filed by one M K Azad, a member of the Congress party.

However, the bench of Sanjay Kumar Dwivedi quashed the complaint case stating, “From perusal of complaint, it transpires that offence is not made out.”

Significantly, the court said that “for the offence under section 504 I.P.C. it is necessary that the insult should be delivered to the person insulted with the intention that he may be there and then provoked to commit an offence but where there is no such publication, no offence under section 504 I.P.C. is committed.”

Court stressed that in this case, it was apparent that Tomar was addressing a meeting of a political party only and was addressing the workers of the party at a particular place. Therefore, court dismissed the lower court’s conclusion that any case under section 154 IPC was made out.

Court also observed that the Magistrate’s order whereby cognizance under the said section was taken, was also such that it could not be said that order had been passed after application of mind. Further, Court noted that in January 2016, the order of transferring the case to the Judicial Magistrate was passed on the format drafted by the Court and that it wasn't a cognizance taking order.

Therefore, After having heard the matter at length, Court quashed the order by which the Magistrate had taken cognizance and exonerated Tomar from all charges.

Case Title: Narendra Singh Tomar v. The State of Jharkhand and Anr.