Court Finds No Malicious Intent in Sermons on Lord Balmiki's Transformation
In a significant judgment, the Punjab and Haryana High Court has quashed an FIR against Ashwani Kumar Sharma, a religious preacher, who was accused of outraging religious feelings of the Balmiki community. The FIR was lodged under Section 295A of the Indian Penal Code (IPC) based on a discourse Sharma delivered, which referenced the life transformation of Lord Balmiki from a dacoit to a saint.
The case, presided over by Justice Manisha Batra, revolved around a complaint filed by Sandeep Sandhu, President of Bhartiya Valmiki Dharam Samaj, who alleged that Sharma's statements were intended to insult the religious feelings of the community. The petitioner, however, defended his discourse, stating that it was based on historical and religious texts, aimed at inspiring spiritual enlightenment and not intended to cause harm.
Justice Batra, while delivering the judgment, emphasized that the discourse lacked any deliberate or malicious intent to outrage religious feelings. The court noted that references to Lord Balmiki's transformation are well-documented in scriptures and serve as inspiration for spiritual growth.
The judgment highlighted that for an action to fall under Section 295A IPC, there must be a deliberate and malicious intent to insult religious beliefs, which was not evident in Sharma's case. The court found the FIR and subsequent proceedings to be an abuse of the process of law, thereby ordering their quashing.
This ruling underscores the importance of intent in cases involving alleged religious insults, reiterating that discussions grounded in historical and religious contexts should not be misconstrued as offensive without clear evidence of malicious intent.
Bottom Line:
Religious discourse and Section 295A IPC - A statement made in a religious discourse referring to life transformation of Lord Balmiki cannot attract Section 295A IPC unless it is made with deliberate and malicious intent to outrage religious feelings.
Statutory provision(s): Indian Penal Code, 1860 Section 295A; Criminal Procedure Code, 1973 Section 482.
Ashwani Kumar Sharma v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2846169
