Non-Deliberate Insult to Religion Without Intention to Hurt Religious Feelings Not An Offence U/S 295A IPC: Bombay High Court

first_imgTop StoriesNon-Deliberate Insult to Religion Without Intention to Hurt Religious Feelings Not An Offence U/S 295A IPC: Bombay High Court Nupur Thapliyal10 April 2021 10:32 PMShare This – xThe language employed in Section 295A IPC is not wide enough to cover restrictions both within and without the limits of constitutionally permissible legislative action affecting the fundamental right guaranteed by Art 19(1)(a) of the Constitution.While rapping up the Goa Police for lodging FIR under sec. 295A read with sec. 34 of the Indian Penal Code against members of “Dastaan LIVE”, an art rock live performance band, for using the word “OM” and clubbing it with phrases like “Ullu Ka Pattha” thereby outraging religious feelings of Hindus, the Bombay High Court, Goa Bench on Friday observed that insults to religion offered unwittingly…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginWhile rapping up the Goa Police for lodging FIR under sec. 295A read with sec. 34 of the Indian Penal Code against members of “Dastaan LIVE”, an art rock live performance band, for using the word “OM” and clubbing it with phrases like “Ullu Ka Pattha” thereby outraging religious feelings of Hindus, the Bombay High Court, Goa Bench on Friday observed that insults to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of that class do not come within the preview of sec. 295A of the IPC.The observation came by the division bench comprising of Justice MS Jawalkad and Justice MS Sonak wherein the Court while quashing the said FIR called the conduct of the police as an “unwarranted assault on creativity and freedom of speech and expression itself.”The facts of the case dates back to 17th December 2019 wherein Dastaan LIVE gave a live performance at Serendipity Arts Festival, 2019, at Campal, Panaji, Goa. It was the case of the petitioners, member of the said band, that the band was driven by several influential poets and writers from Faiz Ahmed Faiz, Baba Nagarjuna, Sahir Ludhianvi and Nazeer Akbarabadi, and had composed their lyrics using progressive rock and shades of folk music to create an audio-visual live performance. During the live performance, a song named “Mantra Kavita” originally composed in 1969 by Vaidyanath Misra was performed by them.An FIR was registered against the petitioners the very next day after the Goa Police received a complaint against them. When the petitioners were called to the police station for tendering an apology, they were in fact informed by the police that an FIR under sec. 295A and 34 of IPC was registered against them.The petitioners had then filed the said petition challenging the FIR by alleging tha it was a case of abuse of the criminal process warranting interference of the Court as the complaint did not disclose comission of the said offences as alleged.Advocates Shivan Desai and Aniroodh Sardesai appeared for the petitioners whereas Additional Public Prosecutor Mr. Pravin Faldesai appeared for the Respondent.Submissions of the PartiesWhile arguing that there was an undue haste and alacrity in registering the FIR by the police, the petitioners submitted that the whole process was driven by political interest with malicious intent to damage the band’s reputation and to curb free speech and artistic intent or creative capital.On the other hand, it was also argued by the APP that the word “OM” was quite sacred to the Hindus and if the same was recited in a negative narrative or clubbed with the words or phrases “Ullu ka pattha”, then, the same amounted to insulting religion and religious beliefs. Observation of the CourtUnwitting, Careless, Non Deliberate Insult to Religion Without Intention to Hurt Religious Feelings not an Offence u/sec. 295AThe Court after analysing the FIR, observed that the complainant had adverted to only one small portion of the song’s composition, interpretation of which do not even remotely constitute the ingredients of Section 295-A thereby calling the allegations as vague. “Insults to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of that class do not come within the section. It only punishes the aggravated form of insult to religion when it is perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class. In other words, the language employed in the section is not wide enough to cover restrictions both within and without the limits of constitutionally permissible legislative action affecting the fundamental right guaranteed by Article 19(1)(a) of the Constitution.” The Court held.Noting that there was no justification whatsoever for the Police Inspector to hurriedly register such an FIR without even going into the complaint, the Court observed that the Police authorities are expected to be quite sensitive in such matters, “because, what is at stake is the freedom of speech and expression.””Therefore, unless the complaint discloses the ingredients of the offense under section 295-A of IPC, it is not expected of the Police authorities to rush and register an FIR in such cases. In any case, there was no justification whatsoever to call some of the Petitioners to the Police Station and require them to apologize or to arrest some of the Petitioners, no sooner the FIR was registered.” The Court observed at the outset.No Arrest Can Routinely Be Made on Mere Allegation of Commission of an OffenceWhile observing that the police officer must be able to justify the arrest apart from his power to do so, the Court observed that arrest and detention in police lock-up of a person can cause incalculable harm to his reputation and self-esteem. “No arrest can be made routinely on a mere allegation of commission of an offense made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even to the need to effect an arrest.” The Court observed.Furthermore, the Court went ahead to observe:”Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offense. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to a person to attend the Station House and not to leave the station without permission would do.”While calling the complaint as vague, the Court quashed the FIR after observing thus:”The action of the Respondents was contrary to judicial precedents in matters of arrest or explaining the true scope of Section 295-A of IPC. There is merit in the submission of Mr. Desai that the FIR was registered hurriedly and possibly without even perusing the complaint or in any case the provisions of section 295-B of the IPC. Mr. Desai is quite right in his submission that this was an unwarranted assault on creativity and freedom of speech and expression itself.” Title: Sudheer Rikhari v. State of Goa & Ors.Click Here To Read JudgmentNext Storylast_img read more

​UK schemes set for 2.5% fall in liabilities after CMI model revamp

first_imgAon said the changes would decrease projected life expectancies and therefore scheme liabilities.Matthew Fletcher, senior longevity consultant at Aon, said: “While the pensions industry still expects mortality rates to improve, by increasing the weight placed on recent mortality improvements, the new model reflects the growing evidence that these improvements are likely to be slower in the near term than the historically high rates seen in the years up to 2011.”Meanwhile, Willis Towers Watson’s retirement business director and longevity specialist Stephen Caine said a six-month reduction in life expectancy at 65 could knock around 2.5% of the liabilities off a typical pension scheme. This translated to roughly £20bn (€23bn) for FTSE 350 scheme sponsors as a whole.Annual improvements in life expectancy between 2000 and 2011 produced an average increase of around 2%, but mortality improvements have slowed since 2011 to around 0.5% a year, according to Willis Towers Watson. UK defined benefit (DB) pension schemes are likely to see a 2.5% reduction in liabilities as a result  of a revision to the Continuous Mortality Investigation’s (CMI) life expectancy model for 2018, according to consultancies Aon and Willis Towers Watson.Releasing its latest projections, the CMI said there was a growing consensus in the industry that, although mortality would continue to improve, the rates of mortality improvement over the next decade would be slower than those seen in the first decade of this century.“When compared with the previous CMI 2017 model, cohort life expectancies at age 65 are around five months lower for both males and females, at 19.8 years and 22.4 years, respectively,” the CMI said.Changes to the latest mortality projections model from the CMI – which is owned by the UK’s Institute and Faculty of Actuaries – included data from across the UK population up to the end of 2018, putting more weight on the narrower mortality improvements in recent years.last_img read more

Windies T20 series hopes evaporate amidst India onslaught

first_imgMUMBAI, India (CMC) – West Indies’ bid for a rare series win fizzled under the weight of an enormous run chase as India pulled off a convincing 67-run victory in yesterday’s third Twenty20 International to clinch a 2-1 verdict in the three-match series.Faced with a record run chase of 241 for victory at the Wankhede Stadium, West Indies ended on 173 for eight off their 20 overs, to suffer their eighth defeat in nine T20s to India and also notch their third successive series defeat to the sub-continental powerhouses.Captain Kieron Pollard belted his second half-century in six innings when he top-scored with 68 from 39 balls but his demise at the end of the 15th over saw the Caribbean side’s slim hopes also disappear with him.Left-hander Shimron Hetmyer gave support with a 24-ball 41 but no other top order batsman reached double figures.Opener Evin Lewis was ruled out of the game after sustaining soft tissue damage to his right knee while fielding, leaving West Indies short of a key batsman.Asked to bat earlier, India stormed to their third highest total in T20 Internationals behind Man-of-the-Match KL Rahul’s scintillating 91 and additional half-centuries from fellow opener Rohit Sharma (71) and captain Virat Kohli (70 not out).Entering the contest with the series in the balance, India unleashed a punishing onslaught up front with Rahul and Rohit plundering 72 from the first power-play, as they put on a rollicking 135 off just 70 deliveries for the first wicket.Rahul struck nine fours and four sixes in a 56-ball knock, reaching his half-century off 29 balls with a single at the start of the 10th over, before perishing in the final over to a catch at the wicket, trying to pull a short one from left-arm pacer Sheldon Cottrell.Rohit, meanwhile, belted half-dozen fours and five sixes in a 34-ball cameo, raising his 19th T20 fifty with the second of two consecutive sixes off left-arm spinner Khary Pierre in the eighth over which leaked 21 runs.When he finally scooped seamer Kesrick Williams to Hayden Walsh at deep mid-wicket in the 12th over, India stumbled when Rishabh Pant fell without scoring five balls later with three runs added, holing out to long off, off Pollard’s slow medium.However, Man-of-the-Series Kohli arrived to produce another magical innings, pummelling four fours and seven sixes in a 29-ball knock as he inspired a 95-run, third-wicket stand with Rahul.He nearly single-handedly took 22 runs from the 15th over bowled by pacer Jason Holder then smashed another  27 runs from the penultimate over from Pollard, belting three sixes and a four to race to his fifty off just 21 balls.Needing to score at just over 12 runs per over, West Indies had a less than stellar start, losing Brandon King (5), Lendl Simmons (7) and Nicholas Pooran (0) to swiftly tumble to 17 for three in the fourth over.Pollard and Hetmyer then stitched up the innings in a 74-run fourth-wicket stand which kept West Indies’ hopes of victory alive.After managing a single run from his first seven balls, Pollard exploded to lash five fours and half-dozen sixes, bringing up his fifty off 33 balls in the 14th over with a boundary to wide long on, off left-arm spinner Kuldeep Yadav (2-45).Hetmyer, meanwhile, punched a four and five sixes, and had cleared the ropes twice in succession with Kuldeep in the 10th over when he smashed a full toss to long on, going for a third six.Holder (8) was caught in the deep in Kuldeep’s next over and even though Pollard kept the chase alive by adding 38 for the sixth with Walsh (11), the asking rate of 17 proved burdensome.last_img read more

Premier League’s ‘Project Restart’ gathers pace

first_imgThe Premier League’s medical adviser, Mark Gillett, and the Football Association’s head of medicine, Charlotte Cowie, are understood to be part of a group of officials who will meet on a weekly basis with government and public health representatives.Regular virus testing of all players and key staff would be a crucial part of the restart plan and the cost of those tests would be met centrally by the Premier League, according to reports.All clubs will be working to the same protocols in terms of training sessions, which will be designed to minimise the risk of infection.Matches would almost certainly be played behind closed doors and clubs have reportedly been told that only approved stadiums could be used, with higher health certification than normal.The Professional Footballers’ Association are involved in discussions and have raised the issue of players not wanting to be put at risk by returning too soon.“We have reiterated that players are not just footballers but partners, fathers, mothers, sons and daughters who share the same health concerns as everyone else during this pandemic,” said PFA deputy chief executive Bobby Barnes.“We have been assured of the intentions of all that there would be no resumption unless guarantees of safety could be given to the players.”The return of football remains controversial, with Britain still battling the pandemic.Watford chief executive Scott Duxbury said: “Football, for me now, just needs to be put to one side. I feel uncomfortable at this stage even talking about football as a narrative, because there are people dying every day.“There are stresses on the NHS and that has to be our priority.“When it is safe and the government say it is absolutely fine for players and support staff to return, then I am 100 percent behind that.”Share on: WhatsApp London, United Kingdom | AFP | Tottenham became the latest Premier League club to open their doors to players on Tuesday as part of the “Project Restart” plan to finish the English top-flight season.The Premier League has been suspended since March 13 due to the coronavirus crisis but there is growing belief the campaign can be concluded over the summer months.Resuming matches on June 8 is reportedly among the ideas set to be discussed when the Premier League’s key stakeholders meet on Friday.That would require full training to begin by May 18 and Premier League clubs are starting to work towards that date by giving players the option of using their training grounds.Tottenham have followed Arsenal, West Ham and Brighton in allowing players to use facilities for individual sessions that conform to social-distancing guidelines.“No more than one player per pitch will be permitted at any one time to undertake on-pitch exercise, with only a restricted number of the squad coming to the training centre each day,” a Tottenham statement said.“Each player will travel independently and arrive at the facilities already dressed in training wear before returning home immediately after they have concluded their session.”After weeks of lockdown in Britain, ministers believe the return of football would boost morale.Culture secretary Oliver Dowden who is responsible for sport, said he had been in talks with the Premier League “with a view to getting football up and running as soon as possible” but stressed any moves would have to be consistent with public health guidance.The clubs remain committed to ending the 2019/20 campaign and there are compelling financial and legal reasons to play the remaining 92 games.– ‘Health concerns’ –last_img read more

Rose Ladies Series: Lily and Mimi seize second chance to shine

first_img22 Jul 2020 Rose Ladies Series: Lily and Mimi seize second chance to shine Lily May Humphreys and Mimi Rhodes have received second invitations to the Rose Ladies Series after making a hugely positive impression during their first appearances.The sixth event in the series for women professionals and selected top amateurs takes place tomorrow at Bearwood Lakes in Berkshire.And both England women’s squad players Humphreys and Rhodes can confidently take their place in the company of the game’s elite.Certainly, the duo showed no signs of nerves when pegging it up for their first outings in the series sponsored by England Golf ambassador Justin Rose and his wife Kate.At Brokenhurst Manor Golf Club, Rhodes was able to survive any nerves playing alongside LPGA and Solheim Cup star Charley Hull.The 18-year-old from Burnham and Berrow Golf Club birdied her opening two holes en route to a five over par round of 75 and a share of seventh place.Curtis Cup player Humphreys (pictured above) was also in her element playing alongside one of her idols – England’s Bronte Law.Humphreys, also aged 18,  outshone her playing partner on the day to fire a round of one under par and a share of fourth place at the event played at the Buckinghamshire Golf Club.Rhodes – pictured below with Olympic champion and former world number one Rose prior to winning the Telegraph Junior Masters in Quinta Do Lago last November – has another good draw.She will play alongside Felicity Johnson and Cara Gainer at midday.Humphreys, meanwhile, is in a group at 1.10pm also featuring Becky Martin and Cloe Frankish.Both golfers will look to compete this week, but also use it to sharpen their game ahead of the English Women’s Amateur Championship which tees off on Tuesday at Woodhall Spa Golf Club.For updates follow England Golf  and Rose Ladies Series on Twitter. Tags: Lily May Humphreys, Mimi Rhodes, Rose Ladies Serieslast_img read more