'Intention To Cause Disorder Essential For Invoking Section 153-A': Punjab and Haryana High Court Grants Bail To Congress Leader
2 years, 3 months ago

'Intention To Cause Disorder Essential For Invoking Section 153-A': Punjab and Haryana High Court Grants Bail To Congress Leader

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Observing that intention to cause disorder or incite people to violence is the sine qua non for the offence under Section 153-A, the Punjab and Haryana High Court has granted bail to Congress Leader Karamjit Singh Gill, who was arrested in August for wearing a t-shirt with picture of 1984 riots-accused Jagdish Tytler at Golden Temple.While the case registered under Section 153-A by. Observing that intention to cause disorder or incite people to violence is the sine qua non for the offence under Section 153-A, the Punjab and Haryana High Court has granted bail to Congress Leader Karamjit Singh Gill, who was arrested in August for wearing a t-shirt with picture of 1984 riots-accused Jagdish Tytler at Golden Temple. does not reflect any incriminating material or provocative act on the part of the petitioner to bring the case within the ambit of Section 153-A IPC" The court said no iota of evidence has come forth even in the challan against the accused with regard to uttering of any word or by any other means which may cause hurt to the feelings of a particular community. Observing that except wearing of a T-shirt with "a photograph of a leader of his own party", no overt act has been attributed against the accused, the court said there is no material whatsoever even to infer that the petitioner was acting under any pre-oriented plan as alleged or to suggest that by words either spoken or written or by any other means as enumerated under Section 153-A IPC, he incited anyone to create violence or promote communal hatred.

History of this topic

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