Mumbai: The Bombay High Court on Wednesday ruled that a comedy TV show dialogue, "Ya Allah! Rasgulla! Dahi Bhalla!" did not intend to hurt religious sentiments and quashed a 2010 FIR against actors Shekhar Suman and Bharati Singh. The court cautioned against the casual invocation of criminal law against artists.
Background of the Case
The dialogue was part of a television show broadcast in November 2010, where Suman served as a 'judge' on the comedy program and Singh was a performer. The court held that criminal law should not be invoked casually against an artist or a program judge merely because someone feels insulted by a performance viewed out of context.
Court's Observations
"There must be deliberate targeting of religious feeling. There must be a malicious object," the High Court stated, and in the absence of any such connection, quashed the FIR. The case originated from a complaint lodged by one Mohd Rasabi with the Pydhonie police station in Mumbai, invoking Section 295A of the Indian Penal Code for allegedly offending the religious sentiments of the Muslim community.
The actors approached the High Court in 2012 through two separate petitions seeking to have the FIR quashed. The court noted, "If the complaint is taken at its face value, the material does not show an intention to outrage the religious feelings of any class. At the highest, it suggests that some viewers may have felt offended by the style of expression used in the performance. But offence felt by a section of viewers is not enough in law unless the mental element is also disclosed."
Arguments Presented
Senior counsel Niteen Pradhan, representing the actors, argued that the show called 'Comedy Circus Ka Jadoo' was a light family-oriented entertainment program featuring comic performances by various artists. It was not intended to hurt public or religious sentiments and had no nexus to real life or contemporary public affairs. Additionally, Pradhan contended that no prior sanction was obtained as mandated before prosecuting for the offence of communal disharmony, and the High Court agreed that this lack made the prosecution infirm.
Prosecution's Stand Rejected
Megha Bajoria, the state's additional public prosecutor, opposed the plea for relief, arguing that whether an offence is actually made out should be left for trial. However, Justice Borkar observed, "If the foundation for an offence itself is absent, then to compel the petitioners to face the rigour of criminal proceedings would itself be unjustified." The court held that "the mere saying that trial should proceed cannot cure the absence of legal ingredients."
Significance of the Judgment
Justice Borkar agreed with Pradhan and emphasized that the show's background and aim to showcase comedy assumes importance. The show was "telecast as a family entertainment and had been running for a considerable time." The court further noted, "A judge in a comedy show does not stand in the position of a speaker making a declaration against a religious group."
The ruling highlights the judiciary's stance on protecting artistic freedom and ensuring that criminal law is not misused to target performers for content taken out of context.
