Prayagraj/New Delhi, Sep 21 (IANS) The Allahabad High Court has held that employees cannot be compelled by their superiors to wear Santa Claus red caps, observing that such an instruction could hurt the sentiments of people belonging to different faiths and beliefs.
A single-judge Bench of Justice Saurabh Srivastava passed the observation while partly allowing an application filed by Vikram Singh alias Vishwa Vikram Singh, challenging the criminal proceedings arising out of a case registered under Sections 298 and 504 of the IPC at Sadar Bazar police station in Agra.
The applicant had sought quashing of the charge sheet dated September 20, 2023, the cognisance and summoning order dated December 21, 2023, passed by the Chief Judicial Magistrate, Agra, and the entire proceedings in the criminal case.
The applicant’s counsel argued that the offences under Sections 298 and 504 IPC were non-cognizable and, therefore, in view of the explanation to Section 2(d) of the CrPC, the police report filed after investigation was required to be treated as a complaint case and could not proceed as a police case.
The prosecution opposed the application but did not dispute the legal submission made on behalf of the applicant.
Accepting the contention, the Allahabad High Court held that the charge sheet in the present case was required to be treated as a complaint and that the judicial magistrate had committed a legal error by taking cognisance of it as a State case.
“In view of the above explanation, the charge sheet submitted by the concerned Investigating Officer in the present case under Sections 298, 504 I.P.C. shall be treated as a complaint, and it is to be decided as a complaint, and the learned Magistrate fell in legal error by taking cognisance as a State case,” Justice Srivastava said.
The High Court set aside the December 21, 2023 summoning order insofar as it concerned the applicant, while clarifying that the proceedings could continue as a complaint case in accordance with law.
However, while dealing with the documents placed on record, the Allahabad High Court took note of an alleged instruction by superior authorities of “V Bazar” requiring employees to wear Santa Claus red caps.
Justice Srivastava observed that the documents “crystal clearly” showed that “compulsion has been created by the superior authorities of ‘V Bazar’ for wearing Santa Claus Red Cap”. The High Court said such compulsion was “somehow hurting the sentiments of the different faith and beliefs” and was not permissible in a democratic system where every citizen is free to follow his or her faith and belief.
“Applicant along with his superior authorities are hereby warned not to repeat this type of instructions in shape of disturbing the peaceful and harmonious atmosphere of the working place amongst their employees,” Justice Srivastava said.
The High Court stressed that the order was being passed in pursuance of the mandatory legal provision requiring a complaint in cases involving non-cognizable offences. It made clear that its decision on the criminal proceedings would not prevent the competent court from proceeding with the matter as a complaint case, if required, in accordance with law.
–IANS
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