'No Religious Insult': Bombay High Court Quashes FIR Against Bharti Singh, Shekhar Suman

Mumbai: Bombay High Court has canceled the FIR registered in 2010, giving a big relief to comedian Bharti Singh and actor Shekhar Suman. The court said in its order that things said for the purpose of humor and rhyme cannot be considered a criminal act unless it is clear that their intention was to hurt the sentiments of a community. The court also accepted that prima facie there is no solid basis in the case which could prove the allegations.

What was the dispute and on what basis was the FIR registered?

This case was related to some dialogues spoken during a comedy show, regarding which a complaint was lodged. It was alleged that the words used in the show hurt religious sentiments. On this basis, a case was registered under sections 295-A and 34 of the Indian Penal Code.

Did the court make an important statement on the nature of words?

During the hearing, the court clarified that words like 'Rasgulla' and 'Dahi Bhalla' are names of common food items, which in themselves have no religious meaning. The court said that these words were used for rhyme and humor, hence they cannot be seen as an insult.

Were questions raised on the role of artists also?

The court also said that in programs presented on stage, artistes often perform as per the script. Available records do not prove that the relevant dialogues were written by the artists or judges themselves, hence their responsibility should be considered limited.

Did the court comment on the nature of comedy programmes?

The court acknowledged that the purpose of such shows is to entertain the audience. Generating laughter through comedy and satire is the basic element of these programs; hence, it is important to understand the things said in them in the same context.

Is court concerned about the use of criminal law?

The court said that it is not appropriate to resort to criminal law without solid evidence. If the intention and essential facts are not clearly present in the complaint, then such action amounts to abuse of judicial process. The Bombay High Court quashed and quashed the FIR lodged on 27 November 2010 at Pydhonie Police Station and all proceedings connected therewith.