The Allahabad High Court has cautioned workplace authorities against compelling employees to wear Santa Claus red caps, observing that such instructions may hurt the sentiments of people belonging to different faiths and beliefs.
Justice Saurabh Srivastava made the observation while dealing with an application filed by Vikram Singh @ Vishwa Vikram Singh in connection with criminal proceedings arising from a case registered at Sadar Bazar Police Station, Agra.
Background
The applicant had approached the High Court seeking quashing of a charge sheet dated September 20, 2023, the summoning order dated December 21, 2023, passed by the Chief Judicial Magistrate, Agra, and the proceedings in the criminal case.
The case arose under Sections 298 and 504 of the Indian Penal Code. The applicant's counsel argued that these offences were non-cognizable, meaning that the police could not proceed with the matter as an ordinary police case. According to the submission, the police report was required to be treated as a complaint under the explanation to Section 2(d) of the Code of Criminal Procedure.
The State opposed the application but did not dispute this legal submission.
Court's Observation On Santa Claus Caps
While examining the documents filed with the application, the High Court also took note of instructions allegedly issued by superior authorities of “V Bazar” requiring employees to wear Santa Claus red caps.
The Court observed:
"the documents which have been appended along with affidavit in support of the application, crystal clearly shows that compulsion has been created by the superior authorities of "V Bazar" for wearing Santa Claus Red Cap which is somehow hurting the sentiments of the different faith and beliefs and this type of action is not permitted in the democratic system of the country wherein every citizen is free to follow his/her faith and belief."
The Court further warned the applicant and his superior authorities not to repeat such instructions where they could disturb the peaceful and harmonious atmosphere among employees at the workplace.
The High Court examined the explanation to Section 2(d) CrPC, which provides that a police report relating to a non-cognizable offence is to be treated as a complaint.
Applying this provision, Justice Srivastava held that the charge sheet filed under Sections 298 and 504 IPC had to be treated as a complaint. The Magistrate had therefore committed a legal error by taking cognizance of the matter as a State case.
Court's Decision
The High Court set aside the December 21, 2023 summoning order insofar as it concerned the applicant. However, the Court clarified that its order would not prevent the competent court from proceeding with the matter as a complaint case, if required, in accordance with law.
The application was accordingly partly allowed.
Case Title: Vikram Singh @ Vishwa Vikram Singh v. State of U.P. and Another
Case Number: Application U/S 528 BNSS No. 33795 of 2026
Judge: Justice Saurabh Srivastava
Decision Date: September 10, 2026
