The Punjab and Haryana HC while hearing a plea of quashing of FIR against cricketer Yuvraj Singh granted protection to him. The FIR was filed in the backdrop of an Instagram live session where Yuvraj Singh called another cricketer Yuzvendra Chahal a bhangi. An FIR was filed under the provisions of Sections 153A and 153B of the IPC, read with Section 3 (1) (u) of the Scheduled Castes and the Scheduled Tribes (Prevention and Atrocities) Act, 1989.
Contention of Petitioner
The petitioner contended that the cricketer who Yuvraj Singh referred did not belong to the SC community and hence it can not be called a casteist remark. It was submitted that that term used, ‘bhangi’, was not intended to hurt the sentiments of any community or any person rather it was a friendly remark. The remark, it said, would not impute any kind of ill-will, enmity or hatred, or any attempt to promote such feelings. It was stated by petitioners that one Mr. Rajat approached petitioner in 2020 to settle the matter and he was connected with complainant.
Contention of Complainant
The complainant denied knowing Rajat. It was stated that the word “bhangi”, it refers to a caste listed in the Scheduled Castes notified by the Government of Haryana, and further, therefore the phrase used, would be encompassing the whole community, and therefore it cannot be said that there is no violation of the aforesaid provision of the Act of 1989. The complainant being a social activist is not precluded from raising an issue that affects society at large.
Court’s Observation
The COurt stated that it would not stop the investigation underway however protection was granted by the court to Yuvraj Singh against any coercive action. The court further went on to state, “Any violation of the provisions of the said Act has to be dealt with strictly to try and ensure that a sense of well being is instilled in such sections of society, towards which every person, and ‘celebrities’ in particular, should be careful in the usage of any term which can be misinterpreted”.
Case Details
CRM-M-9035 of 2021 (O&M)
Counsel for petitioner- Mr. Puneet Bali, Mr. Paramdeep Saini
Counsel for respondent-Mr. Arjun Sheoran
Coram- J. AMOL RATTAN SINGH
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