Demanding cancellation of the FIRs registered by Haryana Police, comedian and actor Kiku Sharda claimed that the FIRs against him were liable to be quashed as “Dera Sacha Sauda” was neither a “religion” nor was accorded recognition as a religious sect.
Issuing notice to Haryana for February 4 on a petition file by Kiku, Punjab and Haryana High Court on Thursday stayed his arrest in matters relating to the alleged offending program in Haryana.
Appearing for kiku, his counsel contended that Dera Sacha Sauda was neither a religious organization “by any definition” nor as per its own claims on its official website. Referring to Section 295A of IPC, his counsel asserted “An offence under the Section can be committed only if the same is against a religion or religious feelings of any class. Mere usage of the word religion or religious feelings in the FIR would not bring the case within the above sections".
The counsel added the programme in question projected Dera chief Gurmeet Ram Rahim in a humorous manner.
Apparently the offending program was a work of art and was a dramatic presentation displayed on the electronic media. The contents of the program did not attract penal provisions. The followers of Gurmeet Ram Rahim are entitled to their perception. However, the non-followers, other citizens and creative artists are not bound to treat Gurmeet Ram Rahim as his holiness, the petition said.