Punjab & Haryana High Court Grants Anticipatory Bail in Defamation Case Over Sidhu Moosewala Book

Freedom of Speech Includes Legitimate Criticism, But Within Legal Bounds - Punjab & Haryana High Court has granted anticipatory bail to Manjinder Singh alias Manjinder Makha, who was accused of defamation and cyber offenses over his book on the late Punjabi singer Sidhu Moosewala. Justice Sandeep Moudgil, while allowing the bail plea on February 14, 2025, observed that the book appeared to be a “legitimate personal account or homage” rather than a criminal act, and the allegations did not warrant denial of bail.

The case stems from a complaint filed by Balkaur Singh, father of Sidhu Moosewala, against Manjinder Singh, accusing him of publishing defamatory content in a book titled "The Real Reason Why Legend Died." The book, published on September 20, 2024, allegedly contained libelous statements about Moosewala and his family. In addition to the book, the accused had also released videos, podcasts, and social media posts, which the complainant claimed had "irreparably damaged his family's reputation and caused financial losses."

The FIR, registered at Police Station Sadar Mansa, included charges under Sections 451, 406, and 380 of the IPC, along with Section 356(3) of the Bharatiya Nyay Sanhita (BNS), 2023.

Balkaur Singh alleged that the accused “published misleading and scandalous content without any concrete evidence” and “violated his family's right to privacy.” The complaint further stated that “the book falsely linked Moosewala to gangsters and interfered with the ongoing murder trial by revealing details of eyewitness statements.”

The High Court examined the allegations and found that the book’s content did not appear to be criminally defamatory. The Court noted that:

"Every citizen is guaranteed freedom of speech and expression under Article 19(1) of the Constitution, though this right must be exercised within the reasonable restrictions enshrined under Article 19(2)."

Rejecting the prosecution’s argument that the book constituted intellectual property theft, the Court pointed out that the accused was a professor by profession and had written the book based on “personal knowledge and experiences.” The Court also noted that “the photographs and material used in the book were publicly available on the internet.”

"There is nothing in the book that prima facie appears offensive or derogatory towards Sidhu Moosewala. The statements made are within the bounds of legitimate criticism," the Court observed.

While granting anticipatory bail, the Court directed the accused to join the investigation within a week and imposed conditions under Section 482(2) of BNSS, 2023. These include:

•    The accused must cooperate with the investigation and appear before the police when required.
•    He must not induce or threaten any witnesses.
•    He cannot leave India without prior permission from the Court.
The Court made it clear that if the accused fails to comply with these conditions, the bail order would stand automatically canceled.

The ruling reaffirms the judiciary’s stance on balancing freedom of expression with legal accountability. While the Court acknowledged the right to free speech, it emphasized that such expression must remain within legal and ethical boundaries. The case now proceeds with the investigation while the accused remains on bail.

Date of Judgment: February 14, 2025