New Delhi: The Punjab and Haryana High Court Friday granted anticipatory bail to Manjinder Singh, who was accused of defamation for his book on late Punjabi singer Sidhu Moosewala.
A bench of Justice Sandeep Moudgil ruled, “…there is no valid or cogent reason to deny the bail to the present petitioner as the book is a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it was not a case of intellectual property theft.”
A complaint was filed against Manjinder, also known as Manjinder Makha—the author of a book titled The Real Reason Why Legend Died published on 20 September last year—for offences like criminal breach of trust, theft and defamation under the Indian Penal Code and the Bharatiya Nyaya Sanhita (BNS).
Section 356 of the BNS deals with the offence of defamation. “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person,” it states.
The punishment for defamation is imprisonment for up to two years, a fine, or both together, or even community service.
The complaint filed by Moosewala’s father Balkaur Singh in December 2024 alleged that the book was based on unfounded defamatory allegations, seeking to restrain any further release of its “defamatory content” on social media platforms, including podcasts, reels and videos.
“…The said book & videos/podcasts/reels are insulting, highly defamatory and the contents printed in the said book are libelous against me and my family, which has not only harmed reputation of my deceased son, but also resulted in defamation to his family members,” Balkaur Singh had said in his complaint.
The prosecution and Moosewala’s father had both argued that the present case was one of theft because an album with photographs was stolen from their home. They also objected to the author’s book speaking of the singer’s alleged links with gangsters and his possible involvement in the murder of Youth Akali Dal leader Vicky Middukhera.
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Author’s defence
Saying that the petitioner, Manjinder, is a professor by profession, and an academic or intellectual, his lawyer argued that the book was written with “academic intent” rather than for personal gain or malice.
Adding that the book’s content was based on personal knowledge and experiences, rather than fabricated or stolen material, the lawyer also said that Manjinder had explicitly denied committing any theft.
It was argued that the photographs and other materials referenced in the book were easily accessible on the internet, suggesting that they were not private or confidential, and that their use in the book did not violate any rights.
What the court decided
In its 14 February ruling, the court went through the translated version of the book and found that there “was nothing offensive or derogatory” addressed to Moosewala, while adding that statements made were “within the bounds of legitimate criticism”.
Highlighting the fundamental right to speech and expression guaranteed under Article 19, the court also said, “Every citizen is guaranteed freedom of speech and expression under article 19(1) of the Constitution, though this right has to be exercised within reasonable restrictions.”
Article 19(2) deals with reasonable restrictions to free speech, which include security, public order, maintaining friendly relations with foreign countries, decency and morality and even defamation.
It also noted that the author had expressed genuine intention and willingness to join the investigation, and cooperate with the investigating agencies in the present case.
Cautioning that the anticipatory bail order might be cancelled if the author does not join the investigation, the court ruled, “The petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of one week from today (Friday), on furnishing of personal/surety bonds to his satisfaction.”
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