The Bombay High Court has quashed a 2010 hate-speech case against actor and TV host Shekhar Suman and comedian Bharti Singh over a joke in Sony TV’s “Comedy Circus Ka Jadoo.".Justice Amit Borkar held that their comic act did not disclose the alleged offence of outraging religious feelings under Section 295A of the Indian Penal Code (IPC), as there was no malicious intent to hurt religious sentiments. The Court reiterated that criminal law should not be invoked in a casual manner against an artist or a programme judge merely because somebody feels insulted by a performance that is viewed out of context.For an offence to be made out, there must a deliberate targetting of religious feelings and malicious intent, which was missing in this case, the Court found. "The words which are said to be objectionable are 'Ya Allah! Rasgulla! Dahi Bhalla!' The Petitioners say that these are only words used in rhyme and comic effect. The submission is that 'Dahi Bhalla' and 'Rasgulla' are common food items, known and consumed by people across communities, and there is no religious colour in those expressions. This contention cannot be brushed aside. The words by themselves are neutral in ordinary social use. Mere mention of food items in a comic act cannot amount to insult of religion. Something more is required. There must be material to show that the words were selected as a weapon of offence," the Court noted.The Court passed the ruling on petitions filed in 2012 by Suman and Singh challenging a 2010 FIR that was registered on the basis of a complaint by Raza Academy president Mohd Imran Dadani Rasabi. .Mere mention of food items in a comic act cannot amount to insult of religion. Bombay High Court.The complaint took objection to a Comedy Circus Ka Jadoo episode telecast on November 20, 2010. Suman was a judge on the Sony Entertainment Television show. Singh appeared as a performer in the episode themed around humorous depictions of professions.The said episode was alleged to have contained expressions that hurt the sentiments of Muslims, including the words “Ya Allah! Rasgulla! Dahi Bhalla!"The Court accepted the defence presented by Singh and Suman that the programme was a light-hearted family entertainment show and that the words were used only as rhyming exclamations without any intention to insult religion. “A judge in a comedy show does not stand in the position of a speaker making a declaration against a religious group. A performing artist on such stage also performs according to the script of the episode. The record does not disclose that the Petitioner Judges personally authored the expressions. The role attributed to them is too remote to bring them within the purview of offences alleged by the complainant,” the Court added. .Justice Borkar also noted that there was no prior sanction under Section 196 of the Code of Criminal Procedure (CrPC), a mandatory safeguard to prevent the misuse of laws punishing defamation or hate speech, before quashing the FIR and all consequential proceedings. .Senior Advocate Niteen Pradhan with advocate PD Desai appeared for Suman and Singh.Additional public prosecutor Megha Bajoria appeared for the State..[Read order]
