File photo of singer Kailash Kher at Jaipur Sahitya Festival. Photo Credit: Annie
The Bombay High Court has dismissed a criminal complaint against singer Kailash Kher, allegedly damaged religious sentiments on a song based on Hindu deity Shiva, titled ‘Babum Bam’ from ‘Kailasa Jhoom Re’ album.
Quoting a famous writer, historian and political analyst, AG Noorani, a division bench of judges in which Justice Holding Dangers and Shyam C. Chandak saw, “Intolerance of intolerance from the conservative of the day has been a ban on Indian society for centuries. But it is right that it is in the prepared acceptance of the right to dissatisfaction separate from its tolerance that an independent society separates itself.”
In a detailed order provided on Thursday, the bench saw, “In the said song, the petitioner is seen singing, with a clapper drum (Damaru) and he is surrounded by a crowd of people dancing around. The only allegation against him is that he is dancing with some girls, who were wearing clothes in the song, and the girl and the boy are also kissing the complainant by a complainant who is a complainant, who was wearing the song, and the complainant who is a complainant who is a complainant and the complainant This is alleged to hurt religious feelings and feelings. ”
It is important to note in this entire scenario that the petitioner has a deliberate and malicious intense absence, which is just singing the song, and in any case, he is not the creator of the album, nor has he directed its filmy/recording, the bench noted.
“Just because he is singing the song surrounded by a large number of people who have played the role handed over by the director independently, according to us the ingredients of Section 295A of the IPC have not been excluded,” said the judges.
MoreSO every action that can be for the dislike of a class of people, not necessarily angered religious sentiments, as a person can be fishing with Section 295A if his action is deliberately and malevolent, aims to insult religious sentiments or beliefs and will not cover a task that does not intend to offend religious feelings, read the order.
“Protecting the freedom of speech, the burden lies on the complainant to prove the content of Section 295A, as its objective is to deal with a more serious offense than a punishable crime under Section 298 of the Penal Code, which is related to oral words in the presence of a person with the intention of injuring his religious feelings.”
The complaint was filed before the Salem Tabri police station by Narinder Makkar, a Ludhiana resident and then the Judicial Magistrate’s court in Ludhiana, along with the Indian Penal Code (IPC) section 295A and 298, was demanded for a cedar registration against the singer under section 295A and 298, which is as a religious feelings as a religious song as a god As as a deity, very short clothes, a kissing scene and burning a flag with a heart printed on it are deliberate attempts to insult religious feelings.
“As far as the crime under Section 298 of the IPC is concerned, the complainant has failed to make a prima facie a prima facie to create a prima facie case with a deliberate intention to the petitioner. The lyrics sung by the petitioner are nothing but praise Lord Shiva and the characteristics of his powerful character and nothing, ”the bench said.
Before any action could be taken on the complaint lodged in Ludhiana, the singer shifted the High Court on 4 July 2014, and the Bombay High Court gave an interim relief stating that no forced action should be taken against him.
Representing Mr. Kher, advocates Ashok M. Saragi, Priti Rao and Amit Dubey argued that there is no dispute that the song is sung by Mr. Kher, but the singer was not responsible for the direction of choreography or video, and thus, may not be liable for alleged religious assessments.
The bench said, “We find substances in presenting Mr. Sargi that the petitioner has a global appeal, and he needs to travel to the country’s length and width for the purposes of his show and for shooting his songs/albums. As far as the maker of the album, Sony Entertainment Limited is concerned, it is its own office in Mumbai and only because the complaint is filed in Ludhiana, this court cannot only be called a lack of jurisdiction to entertain the petition on the basis that the court is located beyond its regional boundaries. ,
Published – March 13, 2025 02:55 pm IST
