Now Reading: Gujarat HC: Saree with deity image not deliberate malice, quashes FIR
-
01
Gujarat HC: Saree with deity image not deliberate malice, quashes FIR
The Gujarat High Court on Thursday, 8 October, quashed an FIR under Section 295A IPC against a Surat saree trader, holding that printing or selling textile with an artistic depiction of a deity on the lower border or pallu cannot automatically be presumed deliberate malice. Justice P. M. Raval ruled that the offence requires deliberate and malicious intention to outrage religious feelings, which was absent.
The FIR, registered in December 2017, was filed by the President of Samast Yuva Ambedkar Samaj after community members found sarees bearing images of Lord Gautam Buddha being sold in the Surat textile market. The trader, Bharatbhai Hirjibhai Shankar, had argued that the FIR stemmed from business rivalry and that the ingredients of Section 295A were not met. The court found no prima facie case of aggravated insult to religion.
Indian Opinion Analysis
Both reports covered the same Gujarat High Court order quashing an FIR under Section 295A IPC against a Surat saree trader, and both attributed the court's ruling that commercial activity with religious motifs requires deliberate malice to be penalised. LiveLaw's report led with the court's observation that the saree's pallu does not outrage religious feelings or disrupt public order, while Verdictum's report led with the court's holding that the depiction cannot be presumed deliberate malice. Verdictum added details the trader's argument about business rivalry and the two-day delay in the FIR, while LiveLaw included the complainant being President of Samast Yuva Ambedkar Samaj and the specific position of the deity's image. Neither report showed a discernible slant, both were factually neutral. The key takeaway is the court's consistent application of the aggravated insult standard under Section 295A.
Coverage: 2 sources, 2 neutral
Sources (2): livelaw.in (neutral report), verdictum.in (neutral report)
This brief was synthesised by AI from the 2 sources linked above, so one read covers every framing they carry. Methodology and corrections.
