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The Bombay High Court has dismissed a long-standing criticism against renowned singer Kailash Kher, accused of wounding religious sentiments together with his song ‘Babam Bam’ dedicated to Lord Shiva. In a ruling dated March 4, 2025, and made public on Thursday, a division bench of Justices Bharati Dangre and Shyam Chandak stated that there was “no deliberate or malicious intent” on Kher’s part to outrage religious feelings. The choice quashes a 2014 criticism filed by Narinder Makkar in a Ludhiana court, which alleged that the song’s video contained vulgar elements offensive to devotees of Lord Shiva.
Bombay HC clears Kailash Kher in ‘Babam Bam’ song controversy: “Intolerance a bane of society”
Court Finds No Evidence of Malicious Intent
The criticism against Kailash Kher stemmed from his 2007 song ‘Babam Bam’, a part of the album ‘Kailasa Jhoomo Re.’ Narinder Makkar, a self-identified Shiva devotee, claimed the song’s video depicted “scantily dressed women” and scenes of kissing, which he deemed vulgar and offensive to his religious sentiments. Makkar sought motion under Indian Penal Code (IPC) sections 295A and 298, which address deliberate acts to outrage religious feelings with malicious intent. Nonetheless, the Bombay High Court ruled that the song’s lyrics were “nothing but praise of Lord Shiva and the attributes of his mighty character,” finding no grounds to support the complainant’s claims.
The court stated that for an offense under IPC Section 295A to be established, there have to be a transparent, deliberate try to insult religious beliefs—a threshold not met on this case. “Every motion which could also be to the detest of a category of individuals may not necessarily result in outraging religious sentiments,” the bench noted, highlighting the importance of distinguishing between personal dislike and intentional harm.
A Decade-Long Legal Battle Ends
Kailash Kher’s legal battle began in 2014 when Makkar filed the criticism before the Ilaka Judicial Magistrate in Ludhiana, Punjab. On the time, bailable warrants were issued against Kher after he failed to seem in court, prompting the singer to approach the Bombay High Court for relief. The High Court granted interim protection in 2014, ensuring no coercive motion can be taken against him, a safeguard that remained in place until the ultimate ruling this month.
In his plea, filed through advocate Ashok Sarogi, Kher argued that he was solely the singer of ‘Babam Bam’ and had no role within the video’s choreography or direction, which was handled by Sony Music Entertainment. Sarogi further noted that the video had been cleared by the Central Board of Film Certification (CBFC) before its release, reinforcing that its content was not intended to offend. The court agreed, stating, “What is very important to notice on this whole scenario is the absence of the deliberate and malicious intention on the a part of the petitioner, who’s just singing the song.”
Bombay High Court Critiques Intolerance in Society
The bench took the chance to deal with broader societal issues, quoting writer A.G. Noorani to underline the importance of tolerance in a free society. “Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for hundreds of years. But it surely is precisely within the ready acceptance of the fitting to dissent as distinct from its mere tolerance, that a free society distinguishes itself,” the court stated. This statement reflects the judiciary’s stance on balancing freedom of expression with religious sensitivities, a recurring theme in similar cases.
The court also identified procedural lapses within the case, noting that prosecution under IPC Section 295A requires prior sanction under Section 196(1) of the Criminal Procedure Code (CrPC), which was not obtained. This procedural oversight further supported the choice to quash the criticism.
Also Read: Anupam Kher shares hilarious video with Kailash Kher showcasing their playful bond, watch
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