The media hype over social T activist Swami Agnivesh's entry into the house of Big Boss, a reality show on television, was overshadowed on Tuesday by Supreme Court's sharp criticism of him for describing Amarnath Yatra as a “religious deception“.
With a FIR pending against him in this regard at Hansi police station in Haryana, Agnivesh's petition to quash the case did not find favour with the judges. The Bench of Justices HL Dattu and CK Prasad warned the saffronclad activist to not take public sentiments for granted, and said, “People in public life should be more careful while making statements.“
The matter will now be heard next week after Agnivesh's lawyer senior advocate Gopal Subramanium sought permission to file an additional affidavit to explain how his client's statement was distorted by media.
Agnivesh had invited the wrath of the Hindu community for his irresponsible comment in May this year on his visit to Jammu. A district court in Haryana issued non-bailable warrant against him following a complaint by one Parveen Kumar Tayal, a resident of Hansi village in the State.
In a statement to the media, Agnivesh had said, “I do not understand those who go for the yatra. It is a religious deception. I do not believe in this type of religion. Religion is when you seek justice for the poor, for the oppressed.“ Referring to Agnivesh's attempt to depict the 'shiva lingam' in Amarnath to be a natural process of ice formation, the Bench said, “You know how many people go to Amarnath yatra. You cannot go scot-free having made such statement.” Although the matter is still under investigation, the court forewarned the consequences of such a statement being made by a public figure.
“A person in public life should weigh words ten times before he speaks. At the end of the day when such remarks are made, it hurts religious sentiments of people.” The comment of the apex court has come as a huge blow to Agnivesh, considering the fact that even the Punjab & Haryana High Court had on
August 29, 2011 refused to quash the FIR against him. It was against this order an appeal was filed in the Supreme Court.
The FIR against Agnivesh has been filed under Sections 295 and 295A of the Indian Penal Code dealing with causing deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
The punishment under this section is a maximum prison term of three years.
Agnivesh, however, claimed that the ingredients to constitute this offence requires a “deliberate and conscious intention” to defile religion, which is absent in his remark as it related to the arrangements for the yatra and not the yatra as such.
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