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Synopsis

The Punjab & Haryana High Court has recently quashed an FIR filed against Gurmeet Ram Rahim Singh, the chief of Dera Sacha Sauda, which alleged that he insulted the religious beliefs of Sant Kabir Das and Guru Ravidas' devotees during a discourse in 2016.

Justice Manjari Nehru Kaul, upon thorough examination, found no evidence of distortion or misrepresentation in the incident related to Sant Kabir Das as discoursed by Ram Rahim Singh during a 'satsang'.

The court emphasized that the discourse, although using local colloquial terms, did not exhibit any malice or deliberate intent to harm the sentiments of any individual or community.

Gurmeet Ram Rahim Singh had filed a plea under Section 482 of the CrPC before the high court for quashing the FIR filed against him this year under Section 295A of the IPC, arguing that the elements necessary to constitute an offense under the said Section were absent. His counsel contended that Singh's discourse aimed to foster spiritual understanding and deepen disciples' faith in their spiritual masters.

While the prosecution raised concerns about the petitioner's criminal antecedents and pending cases, the court reiterated that the provisions of Section 295A were meant to strike a balance between freedom of speech and the protection of religious sentiments.

Justice Kaul highlighted that to bring a charge under Section 295A, it must be demonstrated that the insult was intentional, meant solely to insult someone, and was driven by a malicious motive.

The court concluded that the selective extraction of segments from the discourse without proper context, along with the historical references, revealed no malicious intent on the part of Gurmeet Ram Rahim Singh.

Court noted that in his 'satsang', Singh had described an instance where Sant Kabir Das is seen walking with a prostitute and carrying colourful bottles, that are mistaken for alcohol. People around Sant Kabir Das and Guru Ravi Das criticise Sant Kabir Das for his actions, and even a King, who previously respected Sant Kabir Das, is hesitant and does not leave his throne to welcome him. Later, it is revealed that Sant Kabir Das's actions were meant to extinguish a fire at a temple at Jagannath Puri, Orissa, not related to alcohol and the prostitute is revealed to be a supreme devotee. The King regrets his earlier judgment and realises his mistake.

Regarding it, court said, "In all the stories the underlying focus is on misunderstanding and eventual redemption. No evidence of malice or deliberate intent to harm any individual or community while delivering the discourse is discernible. On the contrary, the discourse of the petitioner, as already observed earlier, aligns with the various historical texts annexed with the petition".

It, however, highlighted that the only key distinction, if any, was that Singh had used local colloquial terms while delivering the discourse.

Therefore, citing the inherent powers under Section 482 of the CrPC to prevent frivolous or unjustified criminal proceedings, the court quashed the FIR.

Case Title: Saint Gurmeet Ram Rahim Singh Insan v. State of Punjab and Another