HC dismisses case against Kailash Kher over ‘Babam Bam’ song controversy, details here

The Bombay High Court dismissed a complaint against singer Kailash Kher over his song 'Babam Bam' on Lord Shiva. The court stated that intolerance has been a problem in Indian society and found no evidence that Kher intentionally hurt religious sentiments.
Justices Bharati Dangre and S.C. Chandak ruled that Kher had no malicious intent and was simply singing the song without any aim to offend.
A copy of the March 4 order was made available on Thursday. The complaint was filed by Narinder Makkar in a Ludhiana court, seeking a case against Kailash Kher under IPC sections 295A and 298 for allegedly hurting religious sentiments with deliberate and malicious intent.
The complainant, a Shiva worshiper, alleged that Kailash Kher's song Babam Bam featured a vulgar video with scantily dressed women and people kissing.
However, the Bombay High Court, while quashing the complaint filed before the Ilaka Judicial Magistrate in Ludhiana, ruled that the song's lyrics were purely in praise of Lord Shiva and highlighted his mighty attributes.
According to the Free Press Journal, the court said, "Every action which may be to the dislike of a class of people may not necessarily lead to outraging religious sentiments."
The bench, quoting author A.G. Noorani, stated, "Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for centuries.
But it is precisely in the ready acceptance of the right to dissent as distinct from its mere tolerance, that a free society distinguishes itself."
The court clarified that for an offense under IPC Section 295A, there must be a deliberate attempt to outrage religious feelings.
It noted that the only accusation against Kailash Kher was dancing with scantily dressed women in the video, which the complainant found vulgar and offensive to his religious beliefs.
The High Court ruled that no offense was made out against Kailash Kher, as there was no deliberate or malicious intent on his part, he was simply singing the song.
Kher had approached the HC in 2014 after the complaint was filed in a Ludhiana court. At the time, the court granted interim relief, stating that no coercive action should be taken against him.
In his plea, filed through advocate Ashok Sarogi, Kher argued that he was only the singer and had no role in the video's choreography, which was done by another company through Sony Music Entertainment. Sarogi also pointed out that the video had been approved by the Central Board of Film Certification before its release.