P&H HC: Capturing and Posting Image Of Injured Turbanless Man Would Amount To Hurting Religious Sentiments

Key Takeaways

• The Punjab and Haryana High Court has held that the turban is an "essential religious symbol" and uploading the photograph of an elderly person in an injured condition without the turban on social media, amounts to the offence of hurting religious sentiments.

Background

• The High Court said that the complainant, in this case, is a 65-year-old man, had his turban taken off and was repeatedly beaten up.
• The petitioner and other accused had made a video of him without turban, when he was bleeding. After this it was uploaded on Facebook. Uploading it for public viewing on social platform would prima facie tantamount to hurting religious sentiments.
• The petitioner had sought anticipatory bail on February 19, 2021 at Jhabal police station in Tarn Taran district for hurting religious sentiments, making criminal intimidation and in a case registered under various sections.
• The counsel for the petitioner argued that the offenses alleged in the FIR are bailable and prima facie a case under section 295-A (hurting religious feelings) is not made out. It was also argued that there has been a delay of one year and five months in registering the FIR.

Orders

• The Punjab and Haryana High Court has made it clear that the turban is an essential religious symbol and uploading a picture of an elderly person in an injured condition without a turban on the internet media amounts to an offense of hurting religious sentiments.
• Justice Anupinder Singh Grewal passed these orders while dismissing the anticipatory bail plea filed by Gurpreet Singh of Tarn Taran district.

Questions

• What is your take on this?
• Do you agree with the order?

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