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Punjab High Court · body

2019 DIGILAW 2523 (PNJ)

Jenish Sharma And Ors. v. State Of Punjab And Ors.

2019-09-11

ANIL KSHETARPAL

body2019
JUDGMENT Anil Kshetarpal, J. - These petitions depict very sorry state of affairs and negative role played by the Investigating Officer. 7 young boys are sought to be implicated in a criminal case on the ground that they have hurt religious sentiments. 2. As per the case set up by the prosecution, a video went viral in which Tanuj Monga is depicted carrying a bowl (baatta) of liquor in his hand and the same is being distributed amongst themselves as if it is a holy water (Amrit). Amrit is distributed/sprinkled in Sikh religion. They are also alleged to be seen raising slogans to the effect that come and take the holy water from the bowl (baatta). Hence, they have openly hurt the sentiments of Sikh religion. 3. Investigating Officer present in Court has submitted that the petitioners in all the cases have joined investigations, cooperated and are not required for further custodial interrogation, at this stage, therefore, while confirming the interim protection granted on 24.07.2019, 30.07.2019, 26.08.2019, 09.08.2019, 31.07.2019, 05.08.2019 and 05.08.2019, it is considered appropriate to direct Commissioner of Police, Ludhiana, to reexamine the entire case file and take a call within 15 days from today whether it would be appropriate to continue with the criminal prosecution of these young boys who may have committed a small mistake. 4. All religions preach forgiveness, peaceful co-existence. India is a secular country and citizens are required to make constant efforts to achieve the goal of peaceful co-existence for one and all. Apart from law and order, it is also the duty of the police to ensure that people live in harmony. 5. In view thereof, interim orders dated 24.07.2019, 30.07.2019, 26.08.2019, 09.08.2019, 31.07.2019, 05.08.2019 and 05.08.2019 passed by this Court are made absolute. 6. Accordingly, all the petitions are allowed.