Punjab & Haryana HC grants relief to man nabbed for wearing T-shirt at Golden Temple with picture of 1984-riots accused Jagdish Tytler
Karamjit Singh Gill, after taking a dip in the Amrit Sarovar at Golden Temple on August 16 this year, wore a t-shirt having picture of Jagdish Tytler- the prime accused in 1984-riots case, got his pictures clicked and uploaded them on social media.
While granting bail to Congress party member Karamjit Singh Gill in a case lodged against him for wearing a t-shirt with picture of 1984 riots-accused Jagdish Tytler at Golden temple, the Punjab and Haryana High Court recently observed that the intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153-A, Indian Penal Code (IPC).
The bench of Justice Sandeep Moudgil referred to the ruling of the Apex Court in the case of “Patricia Mukhim vs. State of Meghalaya and other (2021).
The court noted in the light of the judgment of the Supreme Court, the prosecution had neither succeeded in proving the intention to cause disorder or incite people to violence nor the existence of mens rea on Gill's part.
Court also found that except for wearing the t-shirt having picture of Jagdish Tytler, there was no material whatsoever on record even to infer that Gill was acting under any pre-oriented plan to incite anyone to create violence or promote communal hatred.
Therefore, while also taking into consideration the period of 3 months and 23 days that Gill had spent in jail, court allowed Gill's plea moved under Section 439 CrPC and granted him bail on furnishing bail bonds and one local surety to the satisfaction of Chief Judicial Magistrate, Amritsar.
On August 16, Karamjit wore the objectionable T-shirt after taking a dip in Amrit Sarovar and uploaded his pictures on social media. Taking note of Gill's this act, Sulkhan Singh, Manager, Sach Khand Shri Harmandir Sahib, Amritsar lodged a complaint against him the next day.
He alleged that Gill wore the t-shirt which also had the words "Happy birthday to our beloved godfather" written on it, and made his pictures viral on social media under a well-planned conspiracy to disturb the peaceful atmosphere and hurt the sentiments of Sikhs.
Thereafter, Gill was booked under Section 153-A of the IPC. However, Gill's counsel argued before the high court that the case against Gill was politically motivated.
Case Title: Karamjit Singh Gill v. State of Punjab