DILAWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is a prosecution witness in case FIR No.456 dated 17.12.2014, under Section 302, IPC, Police Station Ambala City. The trial of the case is being conducted before the learned Sessions Judge, Ambala. On 18.04.2015, the petitioner went to the Court to give his statement as prosecution witness. He being an Amritdhari Sikh was bearing a Kripan on his person. Ld. Sessions Judge, Ambala objected to the same and directed him to remove the Kirpan in case, he wanted to appear as a witness.

(2.) When the petitioner refused to do so on the plea of his religious freedom, Ld. Sessions Judge did not record his statement and directed him to appear in Court without wearing his Kripan. The order of the Ld. Sessions Judge is reproduced as under:

(3.) The petitioner has filed this writ petition for quashing the aforesaid order on the ground that it violates his fundamental rights to profess and practice his religion.