- (1.) The petitioner is a prosecution witness in case FIR No.456 dated 17.12.2014, under Section 302, IPC, Police Station Ambala City. The trial of the case is being conducted before the learned Sessions Judge, Ambala. On 18.04.2015, the petitioner went to the Court to give his statement as prosecution witness. He being an Amritdhari Sikh was bearing a Kripan on his person. Ld. Sessions Judge, Ambala objected to the same and directed him to remove the Kirpan in case, he wanted to appear as a witness.
(2.) When the petitioner refused to do so on the plea of his religious freedom, Ld. Sessions Judge did not record his statement and directed him to appear in Court without wearing his Kripan. The order of the Ld. Sessions Judge is reproduced as under: "Six prosecution witnesses are present. Statements of four of them namely Constable Parveen Kumar, Jaswinder Pal Singh, Darshan Singh and Constable Pardeep Kumar recorded. Another present PW is Constable Jasbir Singh. Learned Public Prosecutor submits that after examination of PW HC Manoj Kumar, this witness is likely to be given up. As per request of Ld. Public Prosecutor, PW Constable Jasbir is discharged for today. Another present PW is Dilawar Singh. Said witness had appeared along with a "Kirpan" around his waist, which is quite evident to the open eye. When he was asked to come to the Court after removing the same, he refused to do so on the plea that it is his religious symbol. Ld. Public Prosecutor makes a request to adjourn the case for recording the statement of this witness submitting that he will make the witness understand that he has to appear in the court without the supporting the "Kirpan". As per request, PW Dilawar Singh is discharged for today and bound down for 14.05.2015. Summons of PWs Dr. Deepika, Dr. Gaurav received unserved. Request of PWs HC Manoj Kumar, Constable Sunil Kumar ASI Naresh Kumar received. It is informed by Ld. Public Prosecutor that PW Dr. Y.S. Bansal has made a request to examine him through video conferencing but his statement cannot be recorded today as the case property has not been received so far from the FSL. PW Devinder Singh has been given up by prosecution as unnecessary. Statement of Ld. Public Prosecutor recorded to that effect. Now summons to all remaining un-examined PWs except I.O. and PW Dr. Y.S. Bansal be issued for 14.05.2015. Prosecution is directed to ensure the presence of case property along with FSL report on the date fixed."
(3.) The petitioner has filed this writ petition for quashing the aforesaid order on the ground that it violates his fundamental rights to profess and practice his religion.;