VISHWANATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEALTHY criticism of our old mythological stories/versions may not fall in the realm of deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs but once these parameters are infringed with the intention to spread hatred, such act would certainly fall within the meaning and definition of section 295-A IPC. Constructive criticism in the right directions having the tendency to expose those social barriers which have divided our society, is permissible but if the criticism has been made to ridicule the religious feelings of a particular community, such an act would be, prima facie, attracted u/s 295-A IPC and, in these circumstances, the responsibility of the author of the article, Publisher and Editor, becomes very heavy to ensure that no publication should prop up in the magazine which may either by words or by signs or by visible representations or otherwise, tries to insult the religion or the religious beliefs of a particular community.

(2.) BEFORE I proceed further to discuss the point in hand in this petition u/s 438 Cr.P.C., let me incorporate the alleged offending words which have appeared in the magazine 'Sarita', May 1998 (2nd Part). The translation of some of the paras has been provided to this Court by the Counsel for the petitioner, and the same reads as under :-

(3.) HAVING reasons to believe that he might be arrested in case FIR 126 dated 10.6.1998, registered in Police Station City Rajpura, Vishwa Nath, present petitioner, filed a petition u/s 438 Cr.P.C., at the first instance in the court of Addl. Sessions Judge, Patiala, which was dismissed vide orders dated 25.6.1998. The operative portion of the order passed by the learned Addl. Sessions Judge in para-7 of the said order reads as under :-