Religious tension may ensue if such incidents are viewed lightly: P&H HC denies pre-arrest bail to man accused of removing, kicking Sikh's turban

The Punjab and Haryana High Court recently dismissed a petition seeking pre-arrest bail by a person accused of removing turban of a Sikh man and kicking it away, thus showing disrespect towards his long hair and other signs/symbols of the Sikh religion (kakara)..A Single Bench of Justice HS Madaan observed that the allegations against the petitioner and his co-accused were very grave and serious. ."In this case, the allegations against the petitioner and his coaccused are very grave and serious. India is a country, which is inhabited by various people belonging to various religions, races, castes and creeds. All the people live in harmony. Mostly, people show respect for each others religious feelings but on some occasions, some mischievous persons tried to create tension by hurting religious sentiments of others. Here, the acts attributed to the petitioner that he along with his coaccused had removed the turban of the complainant and then kicked it away, showing disrespect towards his long hair and other signs/symbols of Sikh religion (kakara) being worn by him, needs to be dealt with all the seriousness and strictness", the Court said..He went on to add, ."In case, such type of incidents are viewed lightly and in a causal manner that may result in creating communal and religious tension in the society, affecting peace and tranquility. Thus, facts and circumstances of the case do not warrant grant of discretionary equitable relief of pre-arrest bail to the petitioner..."Punjab and Haryana High Court.The complainant had said in his statement that while he was going to Gurudwara Sahib for paying obeisance, the accused arrived there with a few others who were employees of the co-accused..The accused men are stated to have declared that the complainant needs to be taught a lesson for obstructing the work of one of the accused, before assaulting the complainant. .The complainant's turban was removed and kick away during the assault. Thereby, the men are also accused of having disrespected the Sikh man's long hair, maintained as part of the religion, and kakara (Sikh religion symbols), which he was wearing..Apprehending their arrest in this case, two of the accused had approached the Court of Sessions at Mansa, seeking pre-arrest bail, which was allowed with regard to a co-accused but declined to the petitioner..The petitioner, therefore, turned to the High Court for relief. However, Justice Madaan declined to intervene, opining that custodial interrogation of the accused petitioner was necessary for complete and effective investigation. .The Judge added that if the investigating agency is denied custodial interrogation, many gaps and loopholes may result, thereby adversely affecting the investigation..Therefore, the plea for anticipatory bail was dismissed as being devoid of merit. .DAG, Punjab HS Sullar opposed the plea on behalf of the State. Advocate Neesh Garg appeared for the petitioner. .Read the Order here: