Prayagraj, Sep 22 The Allahabad High Court has cautioned against compelling employees to wear Santa Claus red caps in the workplace, observing that such compulsion may hurt the sentiments of people of different faiths and beliefs.
This type of action is not permitted in the democratic system of the country in which every citizen is free to follow his or her faith and belief, the court added.
Justice Saurabh Srivastava made the observation while partly allowing an application filed by the accused, Vikram Singh alias Vishwa Vikram Singh, who challenged a chargesheet, cognisance/ summoning order and criminal proceedings.
The applicant is facing an FIR under Sections 298 (uttering words, etc, with deliberate intent to wound the religious feelings of any person) and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code (IPC).
According to the allegations, the applicant, working at Agra’s V-Bazar, compelled his subordinate employees to wear a Santa Claus red cap.
While challenging the entire criminal proceedings, including the chargesheet and summoning order, the applicant moved the Allahabad High Court.
The court, while examining the documents filed with the application, observed it was crystal clear that such compulsion had been created by the superior authorities of V-Bazar.
The high court observed that the compulsion to wear the Santa Claus red cap was somehow hurting the sentiments of different faiths and beliefs. It added that such an action was not permitted in the country’s democratic system, in which every citizen is free to follow his or her faith and belief.
The court consequently warned the applicant and his superior authorities not to repeat this type of instruction. It added that such instructions could disturb the peaceful and harmonious atmosphere of the workplace amongst their employees.
On the challenge to the criminal proceedings, the applicant’s counsel submitted that Sections 298 and 504 IPC are non-cognisable offences.
Referring to the Explanation to Section 2(d) of the Criminal Procedure Code (CrPC) (any allegation made orally or in writing to a Magistrate), the court noted that the chargesheet submitted by the concerned investigating officer in the present case under Sections 298 and 504 IPC shall be treated as a complaint and shall be decided as such.
The court held that the magistrate had committed a legal error by taking cognisance of the matter as a state case.
Accordingly, the high court set aside the December 2023 summoning order passed by the Chief Judicial Magistrate (CJM), Agra, in so far as it concerned the applicant, and partly allowed the application.
However, the high court, in its decision dated September 10, clarified that its order would not prevent the competent court from proceeding with the case by treating it as a complaint case if required, in accordance with law.
(PTI News)
