Jai Ram Sharma vs State of Punjab

R.L. Anand, J.

Present is a petition under Section 482 Cr.P.C. filed by Jai Ram Sharma with a prayer for the quashment of FIR No. 35 dated 11.4.1996 registered under Section 295A IPC at Police Station, Division No. 3, Jalandhar city.

The prosecution in this case started on an FIR which was registered at the instance of one Prem Parkash who brought to the notice of the authorities that a book `Naitik Shiksha'' is going to the printed in the press at the instance of Himachal Pradesh School Education Board, Dharamshala. The petitioner is the writer of this book and has been implicated in the said FIR on the ground that through this Chapter No. 3 titled ''Maharishi Balmiki'' he intended to outrage the religious feelings of that sect of the Society who believed the teachings of Lord Maharishi Balmiki. The petitioner admits that he is the author of his book but the Chapter No. 3 (Maharishi Balmiki) is nothing but the reproduction of those happenings which actually happened during the life time of Maharishi Balmiki and one incident was responsible to convert the gentleman to leave his bad habits and to adopt the life of a saint.

Notice of the petition was given to the State. In para No. 8 of the written statement it has been stated as follows :

"That in reply to para No. 8 of the petition, it is stated that there was no danger of the life of the petitioner at Jalandhar. Even the petitioner did not make any complaint regarding alleged danger to his life. However, it is admitted that the anticipatory bail was confirmed by the Hon''ble High Court of Punjab and Haryana at Chandigarh on 3.10.1996.

The petitioner, however, joined in investigation, on 29.8.1996, ASI Phumman Singh noted down in plea of the petitioner, in case diary No. 15, dated 29.8.1996 and came to conclusion that till now that case has not been made out under section 295A IPC for the arrest of the petitioner. These facts were confirmed by the SHO of Police Station Division No. 8, Shri Baldev Krishan, vide his diary No. 15A dated 29.8.96, the case is, however, still under investigation".

Before I proceed further I may also state that the petitioner earlier applied for anticipatory bail and vide order dated 16.9.96 the anticipatory bail was granted to the petitioner mainly on the ground that he is an educationist and has written a short story on the life of Maharishi Balmiki which has been adopted in the Educational curriculum for some classes by the Department of Education, Himachal Pradesh. It was observed at that stage that the petitioner was a teacher of repute posted in Dharamshala. The Chapter was of academic mature and what has been contained in the short story prima facie should not injure the feelings of the Hindus whose religion is broad basis.

Section 295A IPC lays down that : `Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words either spoken or written or by signs or by visible representation of otherwise, insults or attempts to insult the religion or the religious beliefs of the class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.''

In order to attract the provisions of this section, it is incumbent on the part of the prosecution that there was deliberate and malicious intention on the part of the offender and that such offender wanted to outrage the religious feelings of a particular community.

Need not to mention that in the present case the petitioner is only a writer of this book. He wrote a recording of the events of Maharishi Balmiki and for that era when Maharishi Balmiki was not adopting the saintly life, and one incident shook the conscience of that great soul and the Lord Maharishi Balmiki thought proper to give up his previous habits and he started adopting a pious and religious feeling. It is said that it was Lord Balmiki who gave shelter to Mata Sita when she was in trouble and when she was carrying foetus in her womb so that she might be able to deliver two great sons of India who ultimately became popular under the name of Love and Kush.

I myself have the occasion to go through the article and I am unable to come to the conclusion that by introducing this story No. 3 in the book, the petitioner ever made deliberate attempt with a malicious intention to outrage the religious feelings of any of the individuals who believe in the ideology of Maharishi Balmiki or in the great ideology of Hinduism. To incorporate a commentary aspect of one''s life into a book cannot be termed as if one intended to outrage maliciously the religious feelings of a community.

In these circumstances, I allow this petition and quash the FIR No. 35 dated 11.4.1996 registered under Section 295A IPC at police Station Division No. 3, Jalandhar City. A copy of the order be sent to S.S.P. Jalandhar with the direction not to prosecute the petitioner.