AAHRUS (DENMARK): The Sikh youth Ripudaman Singh, who was facing trial because he was wearing a traditional sword of a baptised Sikh when he visited the United States embassy in Denmark, has finally lost the case though the High Court remitted the six-day jail sentence. The sword however has been confiscated. The verdict was pronounced on Tuesday. The City Court had found the prosecuted guilty in violating the weapon law and had fined the prosecuted for 3,000 DKK and confiscated the knife. Also the High Court found the prosecuted guilty for the violation of the weapon law, but changed the sentence delivered earlier by the City Court, so that the fine has been annulled.

The argument of the High Court is: “After the production of evidence in front of the High Court it is found proven that the prosecuted at the moment named by the indictment, at the entrance of the American Embassy in Copenhagen, was carrying a kirpan in a public place. “For these reasons, as stated by the City Court, it is further proved that this kirpan must be considered as a knife, that is included in weapon law § 4, par. 1, 1st period. It is therefore forbidden to carry a knife in public places, unless it happens in relation to the practice of a profession, for use in hunting, fishing or practice of a sport or has a similarly recognisable purpose. “After this production of evidence, included the explanation of the prosecuted, has to be reduced to the reason, that the prosecuted, being a Sikh, has carried the knife as a religious symbol.

“For these reasons, as stated by the City Court, it is agreed that the circumstance of the prosecuted carrying the knife as a Sikh, cannot be regarded as a similarly recognisable purpose, included in the decision for the exceptions in weapon law § 4, par. 1, 1st period, second part. “It is moreover agreed, that this interpretation of weapon law § 4, par. 1, is not in conflict with art. 9 of the European Convention on Human Rights, since measures against the possession of weapons like this are necessary in a democratic society on account of public safety and to protect the public order, cf. art. 9, par. 2 of the Convention. “It is therefore agreed, that the prosecuted is guilty, as it had been established by the judgement of the City Court.

 “After all the information about the prosecuted, the reason for the prosecuted to possess a knife and  the other circumstances of the case, such exceptional extenuating circumstances are found, that the punishment should be dropped, cf. Penal Code § 83, 2nd period.” “Two voters agreed, after the circumstances of the case, that it is required in order to prevent further violations of the law, that the knife this case was about should be confiscated, cf. Penal Code § 75, 2nd part, nr. 1.” “One voter finds it not necessary to confiscate the knife to prevent further violations, in regard to the information that the prosecuted got the knife (kirpan) when he got baptised in 1996 and the circumstance that the prosecuted, following his statement, has respected the judgement of the City Court and has not been carrying a kirpan for 2 years. This voter votes therefore to free the prosecuted from the claim for confiscation.” Regarding this question the sentence is pronounced after the  majority among the voters, so that the decision of the City Court about confiscation is confirmed.

The High Court confirms therefore the judgment, even though the punishment by means of a fine is dropped. Earlier, the Akal Takht jathedar Joginder Singh Vedanti had promised to pursue the case but little was heard of whether this was done.