The Allahabad High Court recently observed that people cannot be forced to wear Santa Claus caps in violation of their right to faith and belief [Vikram Singh @ Vishwa Vikram Singh v State of UP and Another].Justice Saurabh Srivastava made the observation while dealing with a case in which 'V Bazar' employees had allegedly been forced to wear Santa Claus red caps by their superiors in 2022."The documents which have been appended along with affidavit in support of the application, crystal clearly shows that compulsion has been created by the superior authorities of "V Bazar" for wearing Santa Claus Red Cap which is somehow hurting the sentiments of the different faith and beliefs and this type of action is not permitted in the democratic system of the country wherein every citizen is free to follow his/her faith and belief," the Court said.The Court added that it may disturb the peaceful and harmonious atmosphere of a working place. "Applicant along with his superior authorities are hereby warned not to repeat this type of instructions in shape of disturbing the peaceful and harmonious atmosphere of the working place amongst their employee.".One of the accused in the case had approached the Court seeking to quash the proceedings and summons issued to him by Chief Judicial Magistrate (CJM) Agra in the case under Section 298 (uttering, words, etc., with deliberate intent to wound the religious feelings of any person) and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code (IPC).It was argued before the High Court that since the offences are non-cognizable in nature, the CJM could not have treated it as a police case. .Agreeing with the submission, the Court noted that Section 2(d) of the Code of Criminal Procedure (CrPC) provides that a chargesheet submitted by the Investigating Officer in a case of non-cognizable offence has to be deemed as a complaint. "In view of the above explanation, charge sheet submitted by the concerned Investigating Officer in the present case under Sections 298, 504 I.P.C. shall be treated as complaint and it is to be decided as complaint and the learned Magistrate fell in legal error by taking cognizance as State case and the orders passed by him is, therefore, liable to be set aside," the Court ruled.Accordingly, the Court quashed the order summoning the accused. However, it also clarified that the trial court can treat the case as a complaint case, if required, in accordance with the law. .Advocates Anand Kumar Dwivedi and Raj Kumar Mishra represented the petitioner. [Read Order]
