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The Punjab & Haryana High Court on Wednesday granted anticipatory bail to Gurdas Maan (playback singer and Punjabi Lyricist) facing charges under Section 295A of Indian Penal Code for his statement that Guru Amar Daas Ji, the third Guru of Sikhs and Vijay Kumar Bhalla, who became an ascetic named Laddi Shah, both could be related - being from the same "Bhalla" gotra.

Noting that no recovery is to be made in the matter as the case is set up on a viral video, the High Court Single Judge Bench of Justice Avneesh Jhingan granted bail subject to Maan joining the investigation within a week.

Earlier on Sep 8, a Sessions Court in Jalandhar had refused to grant anticipatory bail to Maan stating that it was of the "firm opinion that offence attributed to the accused/applicant is of very serious in nature and no leniency is required in such like matters."

Matter in Brief

On August 20, 2021, during Baba Murad Shah Fair in Nakodar, Gurdas Maan while performing on the stage compared Shri Guru Amar Dass Ji Maharaj with Sain Laddi Shah. He stated during stage performance that Sain Laddi Shah is descendant of Guru Amar Dass Ji Maharaj.

A case was registered under section 295A of IPC (deliberate and malicious acts, intended to outrage religious feelings) against Maan, on the basis of a complaint filed by one Paramjit Singh Akali, a member of the five membered committee of Sikh Youth Power of Punjab.

The Complainant had alleged that while showing disrespect to the recitals of Shri Guru Granth Sahib Ji Maharaj, Maan compared Sain Laddi Shah with Shri Guru Amar Dass Ji Maharaj Maan which had outraged the religious feelings of the Sikhs and by such an act he has insulted or attempted to insult the Sikh religion.

It was also alleged that a video regarding the same had gone viral on the Internet and it had outraged the religious feelings of the Sikh Community at large.

Lower Court's observations

Having gone through the video on record the Court of Additional Session Judge, Jalandhar, Shri Manjinder Singh, noted that "it is clear that accused/applicant while performing on stage during Fair at dear Baba Murad Shah had described Sain Ladi Shah as descendant of Shri Guru Amardass Ji Maharaj (third Guru of Sikhs) being belonging to Bhalla Caste."

Importantly, the court noted that "as per Sikh Maryada, the hymns of Shri Guru Granth Sahib can not be recited at any Mari or cremation ground."

Therefore, stating that the same cannot be determined at this stage, Court held defense counsel's contention that it was not Maan's deliberate and conscious intention to insult the Sikh religion, devoid of merit. 

Court said, "In my view, anybody belonging to Bhalla caste cannot be said to be descendant of Shri Guru Amardass Ji Maharaj. Everybody has his own identity."

Upon submission of the defense counsel that Maan had already submitted an apology to the general public, Court said that Offence u/s 295-A IPC is not compoundable. However, Court noted that "by submitting the apology by the accused, the occurrence is admitted".

Court held, "by these utterances of accused/applicant there is a lot of resentment among the Sikh Sangat in the country as well as abroad. If granted bail it will aggravate people's discontentment and spoil Punjab's peaceful environment."

Stating that if the court grants bail to Maan, the same will give wrong signal to the society at large and cause resentment in Sikh Community, Court rejected Maan's plea.

High Cour's observations

"The issue as to whether words used by the petitioner while performing on the stage were deliberate or malicious, which is a basic necessity for invoking Section 295A IPC, would be subject matter of the investigation," High Court noted. 

However, refusing to comment further at this stage, Court observed "suffice to say that an artist while performing on a stage has inclination to take the crowd alongwith him."

Noting that basic foundation of democracy is secularism and freedom of expression, Court also hinted towards the vast reach of social media. Court said, "with the advancement of technology whatever positive social media might have provided but one thing is ensured that each and every act or conduct spreads like a wildfire".

High Court also took note of the Lower court's observation that by apologizing Maan has admitted the occurrence. Court said, 

"The issue is not about the disputing event, the apology could have been a step by the petitioner to resolve the issue in the nascent stage."

However, stating that Maan’s custody is not required in the case and that being a popular singer he will not be able to hide or abscond himself from investigation or trial, the High court granted him the pre-arrest bail.

The Court listed the matter to be next heard on September 30. 

Case Title: Gurdas Maan v. State of Punjab

Access Order Copy from Punjab & Haryana HC here

Access Order Copy from Jalandhar Court Here