A division bench of Justices Sunil Shukre and MW Chandwani said that body building is a ‘secular’ activity and by no stretch of imagination can it aggravate differences between two political parties.
“A body building event is about positivity; about health, about strength, energy and vigour; about spirit of competition. It is something in which any one can participate, irrespective of his caste, creed, religion or political affiliation. In a way, it is a secular and neutral activity and also an activity which promotes overall welfare of the society. Therefore, such an activity cannot be considered to be an activity which aggravates the existing differences between two political parties,” the bench observed.
The point that the judges made was that it is only such kind of acts that could be said to be aggravating existing differences or creating mutual hatred or causing tension between different castes and communities.
A body building event, the bench opined, does not fall under any of these categories of acts which are per se obnoxious and unpleasant.
“Organizing a sports event like Body Building Competition, is not something which could be considered from any angle as amounting to aggravating existing differences. It is only those acts which cause annoyance to other group or which tend to insult or humiliate other group or which spread falsehood or canards or which infame religious or communal feelings or which praise one group or community and denigrate other group or community on the ground of caste, religion, community or language would fall within the mischief,” the bench said.
Source: Barandbench
