The Bombay High Court has quashed a 2010 FIR registered against actor Shekhar Suman and comedian Bharti Singh over alleged remarks made during a television comedy show, ruling that no offence of wounding religious sentiments was established.
Bombay High Court quashes 2010 FIR against Shekhar Suman and Bharti Singh over comedy show remarks
The case was registered at Pydhonie Police Station under Section 295-A of the Indian Penal Code, which deals with deliberate acts intended to outrage religious feelings, together with Section 34, which pertains to common intention. A representative of the Raza Academy had filed the criticism following an episode of Comedy Circus Ka Jadoo that aired in November 2010.
Justice Amit Borkar allowed separate petitions filed by Shekhar Suman and Bharti Singh searching for cancellation of the FIR and all related proceedings. While delivering the order, the court observed that the tv programme was meant for light entertainment and must be viewed in the correct context.
The High Court stated that a comedy show can’t be judged in the identical way as a serious speech, religious discourse, or political statement. It noted that performances in such formats must be regarded as a complete as a substitute of isolating a couple of words or expressions.
The court further clarified that for an offence under Section 295-A to be made out, there should be each deliberate and malicious intent to insult religious sentiments. In keeping with the bench, each conditions are obligatory, and if either one is missing, the offence isn’t complete.
After reviewing the available material, the court found no evidence to suggest that either Shekhar Suman or Bharti Singh had any intention to insult any religion. It also said that merely because some viewers could have felt offended wouldn’t be enough to justify criminal prosecution.
The bench also considered the precise roles of the 2 artists. It noted that Shekhar Suman was serving as a judge on the show, while Bharti Singh was performing as a part of a scripted comic act. There was no material indicating any shared plan or common intention between them.
Moreover, the High Court identified that the prosecution had did not obtain prior sanction under Section 196 of the Code of Criminal Procedure, a compulsory requirement for prosecuting offences under Section 295-A.
Rejecting the State’s argument that the matter should proceed to trial, the court held that a trial cannot replace the necessity for a legally valid case. It concluded that continuing criminal proceedings within the absence of required ingredients would amount to misuse of the legal process.
With this ruling, the FIR and all consequential proceedings against Shekhar Suman and Bharti Singh have been put aside.
Also Read: “Your talent must be your drug,” Shekhar Suman condemns Bharti Singh
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