Pb&har hc order, oct 30
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The petitioner seeks regular bail in a case where he is accused of sedition and inciting communal disaffection for statements made against the unity and integrity of the nation during a Facebook live video. The court notes that the petitioner has been in custody for over six months, and the trial is unlikely to conclude soon. After reviewing a transcript of the video, the court finds that while abusive language was used against government officials, the statements do not amount to exciting disaffection against the government or inciting religious tensions. The court determines that the petitioner's comments were an expression of dissatisfaction with government policies and handling of the pandemic, which is permissible criticism. Considering the time already served and no other pending cases, the court grants the
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This document summarizes three bail petitions filed by foreign nationals who were arrested for violating visa rules and lockdown regulations during the COVID-19 pandemic. The petitioners argue they are entitled to bail as the investigation is still ongoing and final reports have not been filed within the statutory period. While the prosecution contends the petitioners should be detained in a special camp if bail is granted, the court notes the facilities in the proposed camp may not be adequate. The court ultimately grants bail to the petitioners on their own bonds.
Cra 3608 2020
The High Court of Madhya Pradesh heard an appeal filed by Harishchandra against an order denying him bail. Harishchandra has been in custody since September 2018 for offenses including gang rape under the SC/ST Act. His lawyer argued he is innocent and the prosecutrix has now married Harishchandra. However, the court upheld the lower court's order, noting it is a gang rape case and the prosecutrix's statement identified Harishchandra, so it was not a suitable case for bail. The court dismissed the appeal and denied Harishchandra's request to be released on bail.
What's hot (20)
Similar to Pb&har hc order, oct 30
Rudul shah judgement
- The petitioner was detained in prison for over 14 years after being acquitted by a court. He filed a habeas corpus petition under Article 32 of the Indian Constitution seeking release and compensation for his illegal detention.
- The Supreme Court of India noted that the petitioner's detention after acquittal was unjustified and that Article 21 of the Constitution, which guarantees right to life and liberty, would be meaningless if the court could not order compensation for violations of fundamental rights.
- The court ordered the state government of Bihar to pay interim compensation of Rs. 30,000 to the petitioner for his unlawful incarceration of over 14 years, in addition to the Rs. 5,000 already paid. However, the petitioner could still
Crwp 10828 2020_23_12_2020_final_order (1)
The document is a court order from the High Court of Punjab and Haryana regarding a criminal writ petition filed by two petitioners (Priyapreet Kaur and another) seeking protection of their life and liberty from respondent numbers 4 to 6 under Article 21 of the Indian Constitution. Both petitioners are major but living in a live-in relationship which is unacceptable to the respondents. The court order directs the Senior Superintendent of Police to take action on the petitioners' representation and ensure protection of their life and liberty as adults living together by choice, while expressing no view on the validity of their relationship.
Sample criminal proceedings
The petitioner Pushpalatha S filed a petition against respondent Guruswamy S under Section 125(1) of CrPC seeking maintenance. The petitioner and respondent got married on 12-08-2010 in a mass marriage ceremony registered in the Sub-Registrar office of Chamarajanagar. However, the respondent left the petitioner and started living separately without reasonable cause after 2 months of marriage. The petitioner has no independent source of income and is unable to maintain herself. Hence, the petitioner requested that the respondent be directed to pay monthly maintenance of Rs. 5000 for her livelihood.
Court formats
This include some important formats applicable in Indian courts and is very essential for Law Students.
These formats may even be translated to the local (scheduled) indian languages and may be used in the respective courts.
Kappan medical bail order
The Supreme Court of India heard a writ petition seeking habeas corpus for the release of Sidhique Kappan, a journalist detained in Uttar Pradesh while traveling to report on the Hathras rape case. While the State of Uttar Pradesh argued that Kappan was lawfully arrested, the court noted his deteriorating health condition and directed that he be transferred to a hospital in Delhi to receive adequate medical care, after which he would return to jail in Mathura. The court disposed of the petition but clarified it had not expressed any view on the merits of the case.
Bail order issued of Bikram Majithia-
This document summarizes a court case involving an application by Bikram Singh Majithia seeking regular bail. It provides background on previous FIRs registered against Majithia related to drug trafficking. It describes a 2018 report by the Special Task Force alleging Majithia's involvement with drug traffickers based on their statements. Shortly before 2022 state elections, a new FIR was registered against Majithia based on the 2018 report. Majithia surrendered after applications for anticipatory bail were dismissed. He now seeks regular bail, arguing political vendetta, while the state refutes this and says the new FIR investigates new allegations not covered by previous cases.
Dipika singh rajawat v j&k hc
The document summarizes a court order from the High Court of Jammu and Kashmir regarding a petition challenging an FIR filed against the petitioner for allegedly hurting religious sentiments through a tweet. The court allowed the petitioner to deposit court fees within a week of lockdown lifting. It issued notices to the respondents and heard arguments on whether to stay the investigation. While not passing judgment on the merits of the case, the court directed that the investigation may continue but the final report cannot be filed without the court's permission. The next hearing was scheduled for February 9, 2021.
Sc judgement 25-mar-2021 patricia mukhim
The Supreme Court of India heard an appeal against the rejection of an application to quash an FIR filed against a journalist for her Facebook post regarding an attack on non-tribal youth in Meghalaya. The High Court had held that the post prima facie promoted enmity between communities under Section 153A IPC. The Supreme Court examined whether the post violated laws against promoting enmity or disturbing public order. It noted the importance of free speech while reasonable restrictions are permitted. It will decide if a prima facie case is made out against the appellant for offences under Sections 153A and 505(1)(c) IPC.
Delhi riots accused bail order nov 25
This document is a court order regarding the bail application of Salim Malik, who has been charged under various sections related to rioting and criminal conspiracy. The prosecution argues that Salim was part of a large riotous mob that vandalized and burned down a car showroom, causing significant property damage. While the defense argues Salim was falsely implicated, the prosecution provides witness testimony identifying Salim as being present and participating in the rioting, and says his phone location places him at the crime scene. The court considers both arguments but notes issues with the timing of the witness statement against Salim in denying his bail application.
Delhi hc shifa ur rehman judgment may 7
This document is a court judgment regarding a petition filed by Shifa-ur-Rehman, President of the Alumni Association of Jamia Milia Islamia, who was arrested in connection with an FIR related to the 2020 Delhi riots. The petition challenges an order extending the period of investigation and the petitioner's detention. The court heard arguments from both sides on issues such as whether the petitioner was denied the right to consult his lawyer and whether the reasons provided for extension were sufficient. The court considered the matter in light of relevant sections of the UAPA and precedents.
Tripura hc order
The petitioner has filed a petition seeking to quash an FIR registered against him for allegedly hurting religious sentiments through a Facebook post. The petitioner claims the post was misinterpreted and did not intend to insult any religion. The court examined the content of the post and found that without additional context or background, the post did not clearly convey any derogatory or demeaning meaning about a Hindu religious text. As the post did not appear to be deliberately intended to outrage religious feelings, the court determined it did not fall within the scope of the penal code section invoked in the FIR.
Delhi hc march 26 judgment
The petitioner filed a petition in the Delhi High Court to quash an FIR registered against him for offenses of sexual harassment and criminal intimidation. The court notes that the complainant and petitioner have settled the matter amicably. While the court acknowledges the settlement, it directs the petitioner to perform one month of community service at a de-addiction center. The petitioner is also fined Rs. 100,000 to be paid to various organizations. The court disposes of the petition after these directions, warning the petitioner not to engage in such behavior again.
Devangana kalita order
The document summarizes a court case involving Devangana Kalita appealing the rejection of her bail application. Some key points:
- Kalita was arrested in relation to 4 FIRs regarding protests against the CAA and NRC acts, and has received bail in 3 but remains in custody for the 4th (subject FIR).
- The allegations against her are that as part of protest groups, she instigated violence in Muslim areas of Delhi in February 2020. However, she denies being present at the sites of violence and claims her call/location records will exonerate her.
- Her lawyers argue the charges against her are vague and she poses no flight risk or evidence tampering risk so should be granted bail
Madras HC
1) The petitioner sought permission to hold a public meeting to protest recent amendments to India's citizenship laws, but permission was denied by police citing potential traffic issues and law and order problems.
2) The court noted that blanket suppression of dissent is against principles of democracy and ruled the police denial was without proper jurisdiction.
3) However, due to a current government ban on public gatherings during the COVID-19 pandemic, the court could not direct the meeting be allowed, but ruled the police must permit it after the ban is lifted.
Vinod dua judgment
This document summarizes a Supreme Court of India case regarding a writ petition filed by Vinod Dua against the registration of an FIR against him. The FIR was filed pursuant to a complaint alleging that statements made by Dua in a YouTube talk show on March 30th spread false information and violated sections of the Indian Penal Code. In the writ petition, Dua argues that the contents of the video were critical analysis of the government and not unlawful. He seeks quashing of the FIR and guidelines for registering FIRs against members of the media with over 10 years of experience. The state's affidavit in reply refers to sections of the Disaster Management Act regarding punishment for false claims or warnings leading to panic during a pandemic.
Sc order on hathras pil 27.10.2020
The Supreme Court heard multiple petitions and intervention applications related to the alleged gang rape and death of a 19-year old Dalit woman in Hathras, Uttar Pradesh. The petitions sought orders for a fair investigation by an independent agency like the CBI, formation of an SIT, protection for witnesses and victim's family, and transfer of trial outside Uttar Pradesh. The Court noted that the High Court was already seized of the matter. However, it addressed concerns around protection and security for the victim's family based on an affidavit filed by the Uttar Pradesh government detailing security arrangements that had been put in place.
Don’t label anti-CAA protesters ‘traitors’, people bound to defend rights in ...
The document is a high court judgment regarding a petition challenging an order that prohibited peaceful demonstrations against the Citizenship Amendment Act (CAA). The court summarizes the background of the case and orders. It finds that the order was not made honestly and prevented the legitimate exercise of fundamental rights to protest peacefully. The court acknowledges the right to protest a law that some believe is unequal or threatens their ability to enjoy life and rights under the Constitution. It rules that concerns over potential public order issues cannot override citizens' fundamental right to peaceful protest.
Allahabad hc misb(l) 10941 2021
Surya Pratap Singh, a retired IAS officer, filed a petition to quash an FIR registered against him for a tweet he posted on May 13, 2021. The tweet included photographs from 2014 and was alleged to spread hatred and tension. The petitioner's counsel argued the tweet intended to raise public concerns during the COVID-19 pandemic and did not intend to malign the government. The court issued a stay on the petitioner's arrest and granted time for counter affidavits, rejoinders and a future hearing.
Hp judgment oct 28
The petitioner's father passed away while working as a government employee. She applied for compassionate appointment under the state policy but was rejected because the policy does not allow married daughters to be considered as eligible family members. The petitioner argued this clause is discriminatory. The court examined previous judgments and found that marriage alone cannot be used to deny married daughters benefits given to sons. The relationship between parents and children does not change due to marriage. The court concluded excluding married daughters from compassionate appointments solely on the basis of their marital status violates constitutional rights of equality and gender justice.
J'khand hc order
The document is a court order from the High Court of Jharkhand granting anticipatory bail to two petitioners, Haji Muhammad Tahir and Haji Muhammad Islam. The petitioners were coordinators of a mosque and are accused of failing to inform authorities about hosting foreign nationals and their activities. The court notes the petitioners' arguments and the fact that a similar case granted anticipatory bail. Considering the facts, the court grants anticipatory bail to the petitioners for six weeks on furnishing a bond and meeting other conditions.
Similar to Pb&har hc order, oct 30 (20)
Don’t label anti-CAA protesters ‘traitors’, people bound to defend rights in ...
Don’t label anti-CAA protesters ‘traitors’, people bound to defend rights in ...
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Letter to-dgp-18 oct21
1. The families of prisoners held in Taloja Central Prison and Byculla Women's Prison wrote a letter regarding the discontinuation of weekly telephone interviews for family members when physical visits resume.
2. They expressed concern that discontinuing phone calls would cause problems for out-of-town family members who cannot easily travel to Mumbai for physical visits, as well as economically weak and elderly relatives.
3. The letter requested that phone interviews be allowed to continue in a hybrid model, where Mumbai-based relatives could choose a physical or phone visit, to ensure prisoners' right to communicate with family and advocates as guaranteed by the Indian Constitution.
Tripura hc order
The High Court of Tripura issued an order directing the State of Tripura Aids Control Society to be impleaded as a respondent. The State and Union of India were directed to issue guidelines to conduct a thorough research of all persons in State prisons to ascertain if any are infected with HIV. If any infected persons are found, necessary action must be taken for their treatment and care in accordance with law to prevent an epidemic. A report on the matter must be submitted to the court by November 9, 2021. The court also requested an Amicus Curiae to assist and oversee the matter.
Report vigilantism and attack on the freedom of religion in meerut
This document summarizes an incident of communal violence and vigilantism in Meerut, Uttar Pradesh, India. It discusses the history of communal tensions and riots in Meerut dating back to the 1930s. On September 20, 2017, two members of the Jehovah's Witnesses religious group were invited into a Hindu man's home but then detained against their will for over an hour, assaulted, and handed over to the police with false allegations of forced conversion efforts. The police refused to register a complaint about the assault and illegally detained the victims overnight without medical treatment. The document analyzes this incident as an example of the shift in India to smaller scale vigilantism targeting religious minorities, with the tacit support
Christians under attack_in_india_report
The document provides a summary of attacks on Christians in India, including two specific incidents in Roorkee and Mau, Uttar Pradesh:
1) In Roorkee, a mob of 250-300 people attacked a church, injuring several attendees. Police did not provide security despite prior complaints.
2) In Mau, a mob accused Christians of conversion during a prayer meeting. Seven people including the pastor were arrested under anti-conversion laws.
It also lists other incidents of threats, violence and false accusations against Christians in various parts of Uttar Pradesh, Madhya Pradesh and other states, indicating growing targeted attacks against the Christian minority in India.
Sharjeel imam vs state
The document discusses an application for bail filed by Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. While the prosecution argues Imam's speeches incited violence, the judge found the evidence linking Imam's speeches to subsequent acts of violence by co-accused to be scanty and inconclusive. The judge granted Imam bail for offenses related to inciting violence but will further examine charges of sedition against Imam.
Sharjeel imam vs state
The document discusses a bail application hearing for Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. It notes that while the prosecution argues Imam's speeches incited violence, the defense argues there is no evidence linking Imam's words to any criminal acts. In its ruling, the court finds the evidence against Imam for abetting offenses to be insufficient and scanty.
Ramesh kumar order
This document summarizes a court case revision petition hearing. The judge stayed the operation of the previous court order from October 12, 2021 until the next hearing date of November 12, 2021. The revision petition notice was ordered to be issued to the respondents. The trial court record was reviewed and the special public prosecutor and police inspector were present to provide submissions.
Cmm order
This document is a court order from a case involving multiple accused persons. It summarizes proceedings from a hearing where the prosecution requested more time for further investigation into the case. The court allowed more time but imposed a cost of Rs. 25,000 to be split among the accused, noting delays in the investigation. It also ordered the Secretary of Home Affairs to inquire about responsibility for the costs being imposed and deducting the amount from the responsible officer's salary. The case was adjourned to a future date for further proceedings.
Archbishop --press-statement
The Archbishop of Bangalore expresses concern over the Karnataka government's plan to survey Christian missionaries and places of worship. He argues that such surveys could unfairly target and endanger the Christian community. The Archbishop questions why only Christians are being surveyed, noting that Christians constitute a small percentage of the population. He calls on the government to respect constitutional protections of religious freedom and consider the educational and social services provided by Christian institutions instead of pursuing anti-conversion policies.
For website 211014 cjp-ncm complaint over muslim family in indore chairperson...
The complaint alleges that a Muslim family in Indore, Madhya Pradesh was attacked by a mob of 150 people associated with the RSS on October 9, 2021. The family was threatened and told to leave the village. Family members sustained head injuries and their house was ransacked. The police delayed registering an FIR and instead filed a counter-complaint against the family. The complaint cites other recent incidents of violence and harassment against Muslims in Indore and calls on the National Commission for Minorities to investigate and take action to prevent further attacks.
For website 211013 cjp ncm complaint over nun attacks to vice chairman (1)
The complaint alleges that on October 10, 2021 in Mau, Uttar Pradesh, two incidents occurred where Christian religious gatherings were disrupted by Hindu nationalist mobs. In one incident, two nuns were attacked, dragged to the police station and detained for hours on baseless allegations of religious conversion. In another incident, a Christian prayer service was raided and the pastor and congregants were taken to the police station. The complaint urges the National Commission for Minorities to investigate these attacks, ensure protection for religious minorities, condemn the attacks and pressure authorities to take swift action. It notes a pattern of increasing attacks on Christians in India by Hindu nationalist groups.
For website 21103 cjp ncm complaint over nun attacks to chairperson (1)
1. Citizens for Justice and Peace wrote to the National Commission for Minorities regarding two attacks on Christians in Mau, Uttar Pradesh on October 10, 2021. In the first incident, a mob attacked two nuns and their driver at a bus stand and took them to the police station. In the second incident, a mob disrupted a Christian prayer service and took the pastor and worshippers to the police station.
2. The letter requests that the Commission conduct an inquiry into the attacks, ensure protection for religious minorities, condemn the attacks and urge police to take action, and issue guidelines for dealing with communally motivated attacks. It argues that such attacks violate constitutional rights and aim to subjugate minority communities through fear.
Aiufwp eia response (1) converted
The document is a response letter from the All India Union of Forest Working People (AIUFWP) regarding the draft EIA Notification 2020. The key points made in the letter are:
1) The AIUFWP demands a complete withdrawal of the draft EIA Notification 2020 as it weakens environmental protections and public participation in decision making.
2) The draft was released during a national lockdown without proper accessibility or consideration of forest communities who will be most impacted.
3) Weakening environmental regulations could exacerbate future pandemics by further damaging nature.
4) The draft favors industries and projects over environmental protection by reducing scrutiny and exempting many from public hearings and consent requirements.
Maulana fazlul order
The applicant Maulana Fazlul Karim Qasimi was arrested in August 2021 for a Facebook post expressing the view that the Taliban in Afghanistan are not terrorists. The applicant's lawyer argued that the court had granted bail to someone in a similar case for expressing such an opinion. While reviewing the case diary, the court found nothing incriminating against the applicant beyond the Facebook post. Given the lack of other evidence, the court doubted if the post alone constituted a cognizable offense. Therefore, the court directed that the applicant be released on bail on furnishing a bond, finding further custody unnecessary in this case.
Maqbool alam order
The document is a 3-page court order from the Gauhati High Court regarding a bail application filed by Maqbool Alam, who was charged with several offenses including praising a terrorist organization on Facebook. The court heard arguments from Alam's lawyer and the public prosecutor. Upon reviewing the Facebook posts and finding that they did not require further custodial interrogation, the court granted bail to Alam subject to furnishing a bond and ensuring he does not interfere with the investigation.
Kerala hc order d rajagopal-v-ayyappan-anr-402210
This document summarizes two criminal revision petitions filed in the High Court of Kerala against judgments from lower courts. The lower courts had found police officers guilty of assaulting a complainant while he was in custody. The police officers argue on appeal that the lower courts erred in not requiring sanction from the state government before prosecuting public servants. The High Court examines the evidence and finds that the injuries occurred while the complainant was in police custody, supporting his allegation that police assaulted him at the police station lockup. Medical evidence also supports the complainant's version of events. The High Court dismisses the criminal revision petitions filed by the police officers.
Kpss security of kp's - 05.10.2021
The Kashmiri Pandit Sangarash Samiti (KPSS) wrote a letter to the Lieutenant Governor of Jammu and Kashmir regarding the security of non-migrant Kashmiri Pandits and Hindus living in the Kashmir Valley. KPSS has submitted communications over the past year requesting a meeting about this issue, but their requests have been ignored. Over the past 10 days, intelligence reports indicate prominent Kashmiri Pandit/Hindu businessmen will be targeted, and one was killed on October 5th. KPSS warns that if another Pandit/Hindu is killed due to administrative and security failures, they will file a petition with the International Human Rights Commission and launch a signature campaign against the administration for neglect
Lakhimpur kheri press statement from ct_us_06102021
The Central Trade Unions strongly condemned the killing of farmers protesting in Lakhimpur Kheri, Uttar Pradesh. They demanded the resignation of the Minister of State for Home and stringent punishment for the culprits. The trade unions also condemned the police for preventing opposition leaders and union leaders from visiting the families of the deceased. They reiterated their support for farmers in their struggle against the farm laws.
Allahabad hc wpil(a) 1585 2021
This document summarizes a court order from a Public Interest Litigation case in the State of Uttar Pradesh, India. The order lists several related cases to be heard together on October 22nd. It notes that two specific cases were not listed as directed in a previous order and threatens action against the responsible registry officer. It also directs the respondents to provide the petitioner's counsel a copy of the counter affidavit filed in connected writ petitions.
Mp hc wp 9320 2021_order_30-sep-2021
The document discusses two writ petitions related to prison overcrowding and conditions in Madhya Pradesh. It summarizes the suggestions provided by an amicus curiae to improve prison conditions, which include establishing women's prisons, borstal schools for youth offenders, mental health services, vocational training programs, healthcare facilities, sanitation infrastructure, educational opportunities, and recreational activities for inmates. The court acknowledges the urgent need for prison reforms and decongesting the prisons in the state.
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For website 211014 cjp-ncm complaint over muslim family in indore chairperson...
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For website 211013 cjp ncm complaint over nun attacks to vice chairman (1)
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For website 21103 cjp ncm complaint over nun attacks to chairperson (1)
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Youngest c m in India- Pema Khandu Biography
Pema Khandu, born on August 21, 1979, is an Indian politician and the Chief Minister of Arunachal Pradesh. He is the son of former Chief Minister of Arunachal Pradesh, Dorjee Khandu. Pema Khandu assumed office as the Chief Minister in July 2016, making him one of the youngest Chief Ministers in India at that time.
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Howard Fineman, Veteran Political Journalist and TV Pundit, Dies at 75
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From his beginnings with a daily newspaper, he moved easily through Newsweek magazine to cable news and, later, to the frontiers of online journalism.Snigdha-Sreenath-Minor-v-Travancore-Devaswom-Board-WPCNO-39847-OF-2023-2024-L...
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Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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Snigdha-Sreenath-Minor-v-Travancore-Devaswom-Board-WPCNO-39847-OF-2023-2024-L...
Pb&har hc order, oct 30
- 1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.206 Crl. Misc. No.M-19376 of 2020 DATE OF DECISION: October 30, 2020 JASBIR @ JASVIR SINGH ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL Present: Mr. Jasraj Singh, Advocate, for the petitioner. Mr. Sidakmeet Singh Sandhu, AAG, Punjab. ***** SUDHIR MITTAL, J. (ORAL) The petitioner seeks grant of regular bail in case FIR No. 84 dated 14.04.2020 registered at Police Station Tanda, District Hoshiarpur, under Sections 115, 124-A, 153-A, 505 (2), 295, 188, 269, 270, 271, 506 IPC, Section 3 of the Epidemic Diseases Act, 1897 and Section 54 of Disaster Management Act, 2005. According to the allegations in the FIR, the petitioner went live on Facebook and made statements against the unity and integrity of the Nation. His statements were also aimed at causing communal disaffection. Thus, the aforementioned FIR was registered inter alia for the offences of sedition, hurting religious sentiments and causing communal disaffection. Learned counsel for the petitioner submits that the petitioner has been in custody for over six months now. Challan was presented on 09.07.2020 but charges have yet not been framed as committal order has not 19 1 of 3 ::: Downloaded on - 03-11-2020 15:28:15 :::
- 2. Crl. Misc. No.M-19376 of 2020 --2-- been passed. Thus, the trial is not likely to be concluded at an early date. There is no other criminal case pending against the petitioner. Further, an examination of the utterances made by the petitioner shows that the offences of sedition and inciting communal disaffection are not attracted. Thus, the petitioner may be granted regular bail. Custody certificate dated 29.10.2020 has been produced in Court. The same is taken on record. According to this certificate, the petitioner has undergone actual custody of 06 months and 14 days and there is no other criminal case pending/decided against him. Learned State counsel has circulated a transcript of the Compact Disc prepared from the live performance of the petitioner on Facebook and I have gone through the same. It appears that the petitioner was unhappy with the lock down imposed due to the Corona Virus and the way the pandemic was being handled by the Government of India as well as the Punjab Government. Thus, he has criticized the functioning of the said Governments. Definitely, intemperate and abusive language has been used against high officials of the Governments as well as against the elected representatives, but the same does not amount to exciting disaffection towards the Government established by law or to excite hatred against it. It also does not amount to inciting religious disaffection or disruption of communal harmony. It is an expression of dissatisfaction with the functioning of the Government and criticism of its policies. In a democracy every citizen has a right to voice his/her opinion freely and criticize the functioning of the Government. However, the same should be done in a decent manner and un-parliamentary 20 2 of 3 ::: Downloaded on - 03-11-2020 15:28:15 :::
- 3. Crl. Misc. No.M-19376 of 2020 --3-- language should not be adopted. At the same time, the State needs to be more tolerant and circumspect while invoking laws pertaining to sedition and religious disaffection. Current tendency to the contrary has been frowned upon by the Supreme Court of India. The petitioner has been in custody for 06 months and 14 days and the trial is not likely to be concluded at an early date. There is no other criminal case pending against him and thus, I deem it appropriate to grant him regular bail. Accordingly, the petition is allowed and the petitioner is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. Nothing stated herein above shall be construed to be an expression of opinion on the merits of the case. October 30, 2020 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No 21 3 of 3 ::: Downloaded on - 03-11-2020 15:28:15 :::