Prayagraj: The Allahabad high court has observed that compelling employees to wear Santa Claus red caps at the workplace may hurt the sentiments of people belonging to different faiths and beliefs, and warned employers against issuing such directions.Justice Saurabh Srivastava made the observation while partly allowing a plea filed by Vikram Singh alias Vishwa Vikram Singh, who had challenged a chargesheet, cognisance order and criminal proceedings initiated against him in Agra.The applicant was booked under Sections 298 (uttering words with deliberate intent to wound religious feelings) and 504 (intentional insult with intent to provoke breach of peace) of the IPC. According to the FIR, Singh, an employee of V-Bazaar in Agra, had allegedly compelled subordinate staff to wear Santa Claus red caps.While examining the record, the court noted that documents placed before it “crystal clearly” indicated that the direction had originated from the company’s higher authorities and that the applicant was acting under instructions from his superiors.The court observed that compelling employees to wear Santa caps could hurt the sentiments of persons belonging to different faiths and beliefs. “Such action is not permitted in the democratic system of the country wherein every citizen is free to follow his/her faith and belief,” it said.The court also cautioned the applicant and the firm’s superior authorities against issuing similar directions in future, observing that such instructions could disturb the peaceful and harmonious atmosphere at the workplace.On the challenge to the criminal proceedings, counsel for the applicant argued that Sections 298 and 504 IPC are non-cognisable offences. It was contended that, under the explanation to Section 2(d) of the Code of Criminal Procedure (CrPC), a police report filed after investigation into a non-cognisable offence must be treated as a complaint and cannot proceed as a police case.The state opposed the plea, but the additional government advocate did not dispute the legal position.Referring to the explanation to Section 2(d) CrPC, the high court held that the chargesheet filed in the case under Sections 298 and 504 IPC ought to be treated as a complaint. It found that the magistrate had committed a legal error by taking cognisance of the matter as a state case.Accordingly, the court set aside the December 2023 summoning order passed by the Chief Judicial Magistrate, Agra, insofar as it related to the applicant, and partly allowed the petition.However, in its Sept. 10 order, the court clarified that its decision would not prevent the competent court from proceeding with the matter as a complaint case, if warranted, in accordance with law.
