The Punjab and Haryana High Court Wednesdaygranted interim bail to Punjabi singer Gurdas Maan in a case registered againsthim for hurting religious sentiments of the Sikh community.
Maan was booked under Section 295-A(deliberate and malicious acts, intended to outrage religious feelings) of theIndian Penal Code at Nakodar city police station in Jalandhar on August 26.
Senior Advocate R S Cheema, Advocate ArshdeepSingh Cheema and Tarannum Cheema, stated in Gurdas Maan defence that, “Section295 (A), IPC is invoked for deliberate and malicious acts, intended to outragereligious feelings of any class by insulting its religion or religious beliefs.However, a bare perusal of the FIR shows that no offence under section 295 (A) IPCcan be said to be made out against the petitioner, as the basic ingredients ofSection 295 (A) IPC, are not fulfilled. It is submitted that to fastenliability for an offence under the section, it has to be demonstrated that anact has been committed with deliberate and malicious intention, in order tooutrage the religious feelings of any class of citizens and such act insults orattempts to insult the religion or the religious beliefs of that class. In thepresent case, the FIR prima facie fails to disclose that the essentialingredients of offence were made out.”
A case has been registered against Mann atNakodar police station on charges of insulting religioussentiments. During the fair at Dera Baba Murad Shah in Nakodar, hedescribed the Sardar of the dera, Sai Ladi Shah, as a descendant of Guru AmarDas. Sikh organizations then registered a case against him under Section295A of the IPC.
Gurdas Mann had earlier filed an anticipatorybail petition in the Sessions Court in Jalandhar. Rejecting this, thesessions court had said that granting bail to Mann could spoil the atmospherein Punjab. Now, The Punjab and Haryana High Court Wednesday grantedinterim bail to Punjabi singer Gurdas Maan.