Introduction:

The Punjab & Haryana High Court recently granted anticipatory bail to Manjinder Singh, the author of the book ‘The Real Reason Why Legend Died,’ based on the life of deceased Punjabi singer Sidhu Moosewala. The case was initiated following a complaint by Moosewala’s father, who alleged that the book contained defamatory content against the family. The petitioner faced charges under Sections 451, 406 (criminal breach of trust), and 380 (theft) of the Indian Penal Code, along with Section 356(3) of the Bharatiya Nyaya Sanhita (BNS). Justice Sandeep Moudgil observed that the book was a legitimate personal account and not a case of intellectual property theft, warranting the grant of bail.

Arguments:

The petitioner, Singh, a professor, asserted that his book was written with academic intent rather than personal malice. He contended that the photographs and materials referenced were publicly available on the internet and did not constitute theft or breach of privacy. His counsel argued that the book did not contain offensive or derogatory content against Sidhu Moosewala but rather presented legitimate criticism and homage. On the other hand, the state opposed the bail, arguing that Singh had allegedly stolen an album of photographs from Moosewala’s residence. The prosecution also highlighted purported references in the book to the singer’s alleged links with gangsters and involvement in criminal activities, which could be defamatory.

Court’s Judgement:

The High Court, after reviewing the submissions, concluded that there was no prima facie evidence to deny bail. Justice Moudgil emphasised that freedom of speech under Article 19(1) of the Constitution allows for legitimate criticism within reasonable restrictions outlined in Article 19(2). He further remarked that anticipatory bail should be granted if prima facie allegations do not substantiate an overwhelming case against the petitioner. The Court also took into account Singh’s willingness to cooperate with the investigation and his bona fide intentions. Consequently, it granted anticipatory bail, allowing the petitioner to remain free while the investigation proceeds.