Court said- Kailash Kher only sang the song ‘Babam Bum’
A bench of Justice Dangre and Justice Chandak ruled in the case, “Kailash Kher had no deliberate or malicious intention to hurt any kind of religious sentiments, he/she only sang the song ‘Babam Bum’.” This decision was given on 4 March, whose copy has been made available on Thursday.
Case was filed in Ludhiana court
The complaint was lodged against Kailash Kher in a local court in Ludhiana by a person named Narinder Makkar. The complainant claimed himself to be devoted to Lord Shiva and said that a pornographic video is shown in Kher’s song ‘Babam Bum’ on Lord Shiva, shown to kiss women and people wearing less clothes. This petition was filed before the Judicial Magistrate in Ludhiana.
‘Everything that does not like a class, it does not hurt religious sentiments’
The High Court dismissed the petition and said that the lyrics sung by Kailash Kher are nothing but praise of Lord Shiva and the qualities of his/her powerful character. The court said, “Every work that can be disliked by a section of people, not necessarily hurting religious sentiments.”
The court said this on intolerance and orthodoxy
In this episode, the High Court bench quoted writer AG Noorani and said, ‘Not tolerating disagreement with intolerance and conservatism has been a curse of Indian society for centuries. But the independent society makes its identity in accepting the right of disagreement separately from its tolerance.
HC explained Section 295A of IPC
The bench said in the order that for crime under Section 295A of the IPC, there should be deliberate attempt by the person to hurt someone’s religious sentiments. The only allegation against Kailash Kher is that he/she is dancing with girls dressed in some less clothes in the video, which is obscene according to the complainant and hence hurts their religious sentiments. This does not commit a crime against Kailash Kher, because there is no intentional and malicious intention from his/her side, he/she is just singing songs.
Song ‘Babam Bomb Bomb Lahiri’
https://www.youtube.com/watch?v=tn3fqz9KZC
The case was filed in 2014, Kailash Kher reached HC in the same year
For information, let us know that Kailash Kher had moved the High Court in this case in 2014. The same year a complaint was lodged in Ludhiana Court in Punjab. At that time, the High Court gave interim relief, saying that no punitive action should be taken against the singer.
Advocate said- Video censor released after approval from board
In his/her petition filed through advocate Ashok Sarogi, Kailash Kher said that he/she is only the singer of the song. The video was choreographed by another company through Sony Music Entertainment. In the court, Sarogi argued that the video of the song was released only after the approval was given by the Central Film Certification Board (Censor Board).
