Kailash Kher Gets Relief from Bombay High Court | Kailash Kher got relief from Bombay High Court: Petition was filed against the song ‘Babum Bomb’, accused of hurting religious sentiments

The Bombay High Court has rejected the allegation of hurting religious sentiments on singer Kailash Kher. While dismissing the complaint against the singer, the Bombay High Court quoted writer AG Noorani, saying that disagreement with intolerance and conservatism has been a curse for Indian society.

A division bench of Justice Bharti Danger and Justice SC Chandak said that Kher had sung only the song ‘Babam Bam’. There was no deliberate or malicious intention to hurt anyone’s religious sentiments on their behalf. The order was given on 4 March, a copy of which was made available on Thursday.

What was the matter

A complaint was lodged in a local court in Ludhiana by a person named Narinder Makkar on Kailash Kher. He had registered a case against the singer under sections 295A and 298 of the IPC. This stream is intentionally and related to hurting religious sentiments with malicious and malicious intentions.

The complainant described himself as a Shiva worshiper and said that a pornographic video is shown in Kher’s song ‘Babam-Bam’ based on Lord Shiva. The song features women and people dressed in less clothes. Dismissing the complaint filed before the Judicial Magistrate in Ludhiana, the High Court said that the lyrics sung by Kher are nothing but praise of Lord Shiva and the qualities of his powerful character.

The court said that every task which is disliked by a particular class, not necessarily to hurt religious sentiments. But it is to accept the right of disagreement with tolerance according to his degree that an independent society gives itself a different identity.

In the order, the bench said that to register a crime under Section 295A of the IPC, the person should deliberately try to hurt someone’s religious sentiments. The court said that the only allegation against Kher is that he is dancing with girls wearing some less clothes in the video, which is obscene according to the complainant and hence hurts their religious sentiments.

The High Court said that there is no crime against Kher because there was no deliberate and malicious intention on his behalf, he was just singing songs. Kher moved the High Court in 2014 after registering a complaint with the Ludhiana Court of Punjab. At that time, the High Court gave interim relief, saying that no punitive action should be taken against the singer.

In his petition filed through advocate Ashok Sarogi, Kher said that he is only a singer to sing. The video has been choreographed by another company through Sony Music Entertainment. Sarogi had argued that the video of the song was released only after approval from the Central Film Certification Board.