The Bombay High Court has set aside a 2010 FIR filed against actor Shekhar Suman and comedian Bharti Singh for allegedly making offensive remarks during a comedy show aired on Sony Entertainment Television.
The case originated from a complaint lodged at the Pydhonie Police Station, which claimed that phrases like “Ya Allah! Rasgulla! Dahi Bhalla!” used in an episode of the TV programme Comedy Circus Ka Jadoo had hurt religious sentiments. Based on the complaint, police had invoked Section 295-A along with Section 34 of the Indian Penal Code.
In its order dated April 29, the High Court observed that the show was meant for family entertainment and that the lines in question were part of a scripted comedic act, lacking any deliberate or malicious intent to offend religious beliefs. The bench emphasised that Section 295-A requires a clear intent to outrage religious feelings, which was not evident in this instance.
The court further noted that isolated phrases from a performance cannot be judged out of context. It also highlighted that the show was part of the broader “Comedy Circus” franchise, which has been broadcast in multiple formats since 2007, featuring performers in teams presenting comedic acts evaluated by judges.
According to police submissions, the complaint was filed by an individual who alleged that an episode aired on November 20, 2010, contained expressions that offended members of the Muslim community. This led to the registration of the FIR.
However, the court pointed out that terms like “rasgulla” and “dahi bhalla” are common food items with no religious association, and their use in a rhyming, humorous context could not reasonably be seen as promoting religious hostility. It also found no evidence of shared criminal intent under Section 34.
Additionally, the bench took note of the argument that a prior sanction under Section 196 of the Code of Criminal Procedure was required to prosecute an offence under Section 295-A, which had not been obtained.
Concluding that the case lacked the necessary legal basis, the High Court quashed the FIR and all related proceedings. The petitions were filed by Suman and Singh, challenging the complaint linked to an episode aired in November 2010.
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