P&H HC OBSERVED THAT THE TURBAN IS AN ESSENTIAL RELIGIOUS SYMBOL

The Punjab and Haryana High Court recently rejected an anticipatory bail plea of persons accused of assaulting a 65-year-old man by removing his turban and uploading the video on Facebook. The Court, while rejecting the anticipatory bail, observed that the turban is an essential religious symbol. 

The accused had been booked u/s 323 (voluntarily causing hurt),148 (rioting, armed with a deadly weapon), 341 (wrongful restraint), 295-A (hurting religious sentiments], 506 (Criminal intimidation), and 149 (Unlawful Assembly) of the IPC and the IT Act, 2000.        

Advocate Amit Arora presenting for the applicants, argued that the offenses mentioned above are bailable except Section 295-A. Further, no prima facie was made out for offense with regard to Section 295A. Moreover, the FIR was registered after more than one year. To which Advocate Vikas Gupta, appearing for the victim, informed that before moving to the Court, the complainant made several complaints with the police, but no action was taken. 

The Court noted that capturing video of a man bleeding and injured after removing the turban would hurt religious sentiments.

Author: Papiha Ghoshal