MUMBAI: The Bombay high court on Wednesday quashed the criminal case registered against Bollywood singer Kailash Kher, who was accused of hurting the religious sentiments of the Hindu community in his popular song, Babam Bam, a track on Lord Shiva.
In the complaint filed before a court in Ludhiana, it was alleged by the complainant, Narinder Makkar, that the song, sung by Kher in 2007, hurt religious sentiments of the Hindu community by showing young girls and boys, wearing flimsy clothes, dancing and kissing each other.
A division bench of justice Bharati Dangre and justice Shyam Chandak, however, observed that the complaint does not state that the lyrics sung by the petitioner had outraged the religious feelings of the complainant.
“What is important to note in this whole scenario is the absence of the deliberate and malicious intention on the part of the petitioner (Kher), who is just singing the song, and in any case, he is not the producer of the album nor has he directed its filming/recording,” the judges said, and held that merely because he is singing the song, section 295 A of the IPC (Indian Penal Code) cannot be applicable to him.
Further, the judges emphasised that “every action which may be to the dislike of a class of people may not necessarily lead to outraging religious sentiments, as a person can be foisted with Section 295 A if his action is intentional and malevolent, aimed at insulting religious feelings/beliefs and would not cover an act which is not intended to outrage religious feelings.”
The judges quoted AG Noorani, a famous author, historian and political analyst, to drive home the point: “Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for centuries. But it is precisely in the ready acceptance of the right to dissent as distinct from its mere tolerance, that a free society distinguishes itself.”
Therefore, the court quashed the bailable warrant issued against Kher way back in 2014 and, also, the criminal complaint pending before the court in Ludhiana.