GURJATINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH the instant petition under Section 482 Cr.P.C., petitioner has sought the quashing of FIR No. 45 dated June 8, 2005 (annexure P-1) registered under Sections 124-A, 153-B IPC at Police Station Kotwali, Amritsar, and the order annexure P-2 dated July 10, 2008, passed by Additional Sessions Judge, Amritsar, ordering the framing of charges against the petitioner under Sections 124A and 153B IPC.

(2.) AS per the allegations in the FIR registered at the instance of Inspector Harinder Kumar SHO Police Station Kotwali, Amritsar, the complainant alongwith other police officials was present in Sri Akal Takht Sahib regarding arrangements of the massacre day, where Swaran Singh son of Tilak Raj, K.S. Suri, Karam Singh also joined them where Sri Akhand Path Sahib was organized on June 4, 2005 by Shrimoni Committee Sri Darbar Sahib in the memory of the martyrs killed on June 6, 1984 under operation Blue Star. Bhog was concluded at 8 O'clock on June 6, 2005. Various religious ceremonies conducted in presence of Dr. Jagjit Singh Chohan, Simranjit Singh Mann, President of Shiromani Akali Dal, Amritsar, Parkash Singh Badal, President of Akali Dal (Badal) (Chief Minister, Punjab), Bibi Jagir Kaur, President, Shiromani Gurudwara Parbandhak Committee and other leaders and renowned personalities. After the completion of various religious ceremonies, Simranjit Singh Mann alongwith his workers came down and while standing opposite to Sri Akal Takht Sahib, started giving speech to the people present there that it would definitely make a buffer State between Pakistan and Hindustan name of which would be Khalistan. The Constitution of India is a worthless/useless book for the Sikhs and that they do not follow it. The name of gallery of Sri Akal Takht Sahib was kept as Sant Jarnail Singh Shahid Gallery. In support of Simranjit Singh Mann, his workers and partners raised aggressive slogans and naked swords were raised in the air and the slogans were raised "Bhindrawala zindabad", "Bhindrawala Saint Soldier who woke up the sleeping community", :Bhaniyarawala Murdahad", "Ashutosh Murdabad", "Shiv Sena Murdabad", "RSS Murdabad", "Khalistan Zindabad", "Dhoti- Topi Di Sarkar Raj Karegi Jamna par", Hind, Hindu Hindustan Leke Rahange Khalistan.

(3.) THE short question which is required to be determined in the present case is whether responding to the provocations speeches or anti national slogans would bring the petitioner within the ambit of penal provisions under Sections 124A and 153 B IPC. Section 124A IPC defines sedition as follows : 124A. Sedition : Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards. [* * *] the Government established by law in [India], [* * *] shall be punished with [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1. - The expression "disaffection" includes disloyalty and all feelings of enmity. Explanation 2. - Comments expressing disapprobation of the measures of the government with a view to obtain their alteration by lawful means without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3. - Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section." Section 153-B IPC reads as follows :-