Bombay HC Dismisses Case Against Kailash Kher For Song "Hurting Religious Sentiments"

Mumbai: The Bombay High Court on Thursday dismissed a petition against singer Kailash Kher for allegedly hurting religious sentiments through his song.

Justice Bharati Dangre and Justice Shyam Chandak ruled that Kher was neither the director nor composer but had only sung the song and that he did not intentionally hurt religious sentiments.

Shiva devotee Narinder Makkar had filed a complaint against Kher for his song, 'Babam Bam', on Lord Shiva. He alleged that the song featured a video, where many skimpily dressed women were dancing. It was alleged that the dance was indecent and Kher was seen dancing along with singing the song. After this, Kher had filed a petition in the Bombay High Court against it.

After hearing the case, Justice Bharati Dangre and Justice Shyam Chandak, observed that Kher had only sung the song and had no intention of hurting religious sentiments. It also clarified that Kher sung and performed the dance steps as per the director's instructions so the offence does not come under section 295A of the IPC (deliberate attempt to outrage religious feelings).

The bench stated it is not always right to accuse a person or a group of people of hurting religious sentiments on the ground that an act is disliked by them and seek action under Section 295A. The bench clarified that in order to take action under section 295A, there must be a deliberate attempt to outrage religious feelings.

Kher's lawyer Ashok Sarogi argued that Kher has only sung the song but the album has been approved by the Censor Board.

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