In a significant ruling on Tuesday, the Supreme Court criticized the concept of moral policing by the judiciary and overturned a Punjab and Haryana High Court order that had imposed a hefty fine on political analyst Tehseen Poonawalla. The high court’s decision came as a response to Poonawalla’s controversial remarks about Jain monk Tarun Sagar.
A bench comprising Justices Abhay S. Okay and Ujjal Bhuyan annulled the 2019 high court directive which had ordered Poonawalla and music composer Vishal Dadlani to each pay a fine of Rs 10 lakh. The fine was initially levied as part of a judgment to quash an FIR against them, intended as a deterrent against mocking religious figures.
The apex court, however, found fault with the high court’s rationale, questioning the imposition of costs despite acquitting the appellants. “What kind of order is this? There was no question of imposing cost. The court acquitted the appellants but imposed cost. Courts are not supposed to do moral policing,” remarked the bench during the proceedings.
The Supreme Court’s decision to set aside the high court order underscores a crucial judicial standpoint against overstepping into areas of moral judgment.
