"Keep A Vigil On Act & Conduct": Punjab & Haryana HC Orders Oversight On Lawyer's Conduct Following Controversial WhatsApp Messages Hurting Religious Sentiments

The Punjab and Haryana High Court has issued directives to the Bar Council of Punjab and Haryana to monitor the behavior and actions of a lawyer accused of posting objectionable content regarding Hindu deities on a WhatsApp group. The decision came as the Court quashed the FIR against the lawyer based on a compromise deed.

The Single-Judge Bench of Justice Kuldeep Tiwari directed that a copy of the order be promptly forwarded to the Chairman of the Bar Council of Punjab and Haryana.

The Court also directed that the order be placed in the personal file of the accused lawyer. Furthermore, the Chairman of the Bar Council is tasked with overseeing the conduct of the lawyer in question. Any future transgressions similar in nature, the Court warned, should result in appropriate disciplinary measures.

"Moreover, a copy of this order be also forthwith forwarded to the Chairman, Bar Council of Punjab and Haryana, with a direction that the same shall be placed in personal file of accused. The Chairman, Bar Council of Punjab and Haryana, shall also ensure to keep a vigil on the act and conduct of the present petitioner and in case, henceforth any similar offence is committed by the petitioner, then appropriate disciplinary action be taken against him," the Court said in its Order dated May 22. 

Additionally, the Court imposed a penalty of Rs. 50,000, stipulating that failure to remit the sum within one week would render the quashing of the FIR null and void, effectively dismissing the petition.

The case stemmed from allegations against Pritpal Singh Sangha, a legal practitioner, who faced charges under Sections 153-A, 295-A, and 505(2) of the Indian Penal Code (IPC). The charges were filed in Hoshiarpur, Punjab, following a complaint by Ashok Sareen, who accused Sangha of disseminating derogatory and offensive content aimed at provoking religious sentiments within the Hindu community.

However, the matter took a turn towards reconciliation as the involved parties reached a compromise. Subsequently, Sangha's legal representation filed a plea for the FIR's quashing, which the Court ultimately granted.

Highlighting the non-grave nature of the offenses charged against the petitioner, the Court justified its decision to quash the FIR.  "In the light of the hereinabove recorded aspects and considering the fact that the offences, for which the petitioner/accused has been charged, are not grave in nature, as also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR (supra) is hereby allowed," it said. 

The Court ordered, "Resultantly, FIR No.112 dated 30.06.2019, under Sections 153-A, 295-A, 505(2) of the IPC, registered at P.S. City Hoshiarpur, District Hoshiarpur, along with all the consequential proceedings arising therefrom, is hereby quashed on the basis of Compromise Deed (Annexure P2), subject to costs of Rs.50,000/- being deposited by the petitioner, within a week from today, with the Bar Council of Punjab and Haryana."

"....if the costs (supra) is not deposited within the above stipulated period, the relief of quashing, as granted hereinabove, shall stand ipso facto vacated and this petition shall be deemed to be dismissed, without any further reference to this Court," the Bench clarified. 

Cause Title: Pritpaljit Singh Sangha v. State of Punjab and Another [Neutral Citation: 2024: PHHC: 072349]

Appearance:-

Petitioner: Advocates Gurmeet Singh, S.K. Kanojia

Respondent: Advocates Pardeep Bajaj (D.A.G Punjab), Shubham Mirok

Click here to read/download the Judgment