Lakhveer Singh @ Lakhwinder Singh @ Lakha vs. State of Punjab, this case is decided by the Punjab and Haryana High Court. In the present case, the court has pointed out the major reason for the religious turbulence in this country. India since independence had witnessed many religious disturbances in each and every part of the country, still united together because the majority of the population is aware that these turbulences are caused by few persons. India is a country of various religions and many different languages, which make it a unique democratic country, as despite different religions and different thoughts prevailing in this country, still it's people and its government is able to unite this country keeping aside all the differences and work towards achieving the future developed goals.
The Coram of Justice H. S. Madaan made this observation at the hearing of the pre-arrest bail application filed by the petitioner, who is accused in FIR No.0160 dated 25.09.2020, for the wrong done under Sections 341, 323, 149, 109, and 295 of the IPC, registered with Police Station City-1, District Mansa.
Plaintiff Ugar Singh had his statement registered with the police that on 24.09.2020 at around 06.15 a.m. when he was going to Gurudwara Sahib to pay for obedience, the Petitioner / Accused (Lakhveer Singh), along with the other accused, had assaulted him. The actions attributed to the Petitioner / Accused (Lakhveer Singh) were that he, along with the co-accused, had removed the turban from the complaint and then he kicked it out, showing disdain for his long hair, and for the other signs/symbols of the Sikh faith (kakara) worn by him, all seriousness and strictness must be dealt with.
The Court, while refusing Petitioner / Accused (Lakhveer Singh) the privilege of pre-arrest bail, noted that "In the event of such events, they are seen lightly and casually, which can contribute to the formation of communal and religious tensions in society, affecting peace and tranquillity." Hence, the Court noted that the facts and circumstances of the case do not warrant the granting of discretion. The Court was of the opinion that his custodial questioning was required for a complete and successful investigation in order to find out how the incident was organized and carried out, who were the other persons involved in the preparation and indirect assistance in the execution of the incident.
The Court further said, "In the event that the custodial interview of the petitioner / accused is refused to the investigative agency, it will leave several gaps and loopholes, adversely affecting the investigation which is not called for."
"India is a country, which is inhabited by various people belonging to various religions, races, castes, and creeds. All people live in harmony. Mostly, people show respect for each other; religious feelings but on some occasions, some mischievous persons try to create tension by hurting religious sentiments of others", observed the Punjab & Haryana High Court on Friday (16th October).
Thus, seeing no validity in the instant petition, the same thing was refused.
Maintaining communal peace and respect for pluralism in a country as diverse as India can be a challenge. However, it is important to address the collective conscience of the citizens of the country in order to uphold constitutional principles such as brotherhood and secularism. While, on the one hand, this will take into account people's uncertainties, on the other hand, it can make a substantial contribution to the nation-building process. A strong country established by the commitment of societies contributing together to its development will further contribute to the preservation of world peace and harmony. India adheres to global norms of rule of legislation, as a multi-religious democracy. It also aspires to be on the global rule-making table. For a country with such stated ambitions, its record of religious freedom, as reflected in the events of the last year, is deeply disconcerting. Reputation is important for the development of the economy and international standing, but apart from that instrumental point of view, the rule of law and communal harmony are essential to any democratic republic.
It is easier to highlight these issues than to suggest what needs to be done regarding them. In a scenario of ethnic tensions, almost any remedy will give rise to debates. There are still three solutions that seem plausible. First of all, further decentralization of authority to states will be of great benefit. This will partially resolve the problems in Punjab and Assam, both of which argued about the difference between the services they are entitled to and the services they actually process. Second, there is a need to make a deliberate effort to boost educational achievement and the economic status is easily shown by Muslims whose socio-economic backwardness is easily demonstrated. The Muslim elite should have done a lot in this respect. Unique educational rights are legally sanctioned, but they can be focused on. Modern liberal, rather than religious, education would be a great benefit. The government, for its part, could ease the anxiety of the Muslim community by adequately serving Muslims in the police and paramilitary forces. Third, secular politicians, to the extent that they exist, must make a sustained effort to reintroduce and intensify secular socio-economic problems in democratic politics. Partisan communal leaders and communal electoral mobilization, both within and outside the communal parties, but especially inside the governing party, should be revealed.