The Punjab and Haryana High Court has quashed an FIR registered against the director, producer and an actor of the film "Yaarian 2" over the non-Amritdhari Sikh actor's portrayal in a song wearing a kirpan.
Examining the contents of the FIR in the context of the provisions of Section 295-A IPC, the court observed that it is of the considered opinion that the act attributed to the petitioners, that is picturization of a song showing a non Amritdhari Sikh wearing a 'Sri Sahib/Kirpan' cannot be termed as an insult to the Sikh religion.
The FIR was registered on complaint of an individual that the song from "Yaarian 2" on Youtube showed a clean shaven artist named Neezaan Jafri wearing 'Sri Sahib' against Sikh customs.
The song picturized in a movie is an expression of creative liberty, artistic instinct and the inadvertent portrayal of Sri Sahib, one of the 5 religious 'Kakaars' of the Sikh religion cannot be construed as a deliberate, malicious act intended to hurt the religious feelings of the complainant or other members of the religious community, Justice Shalini Singh Nagpal observed.
The act attributed cannot be regarded by an ordinary prudent mind as grossly offensive or provocative, the court observed.
Distinguishing an individual grievance from the sentiments of an entire community, the court, in the judgment pronounced on September 7, further observed, "Also a grievance expressed by an individual belonging to Sikh community cannot portray the sentiments of the entire community."
Allowing the petition, the court quashed the FIR of August 30, 2023 under Section 295-A Indian Penal Code, Police Station Division 4, Police Commissionerate, Jalandhar, "and all consequential proceedings arising therefrom" qua the petitioners.
The film's director Radhika Rao and others had moved high court, seeking quashing of the FIR and all consequential proceedings.
The court noted Section 295-A of the IPC criminalises and punishes deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
Justice Nagpal, referring to the provision, deduced three ingredients: the accused must insult or attempt to insult the religion or religious beliefs of a class of citizens of India; the said insult must be accompanied by a deliberate and malicious intention to outrage the religious feelings of the said class of citizens; and the said insult must be by words, either spoken or written, by signs or visible representation or otherwise.
The complainant submitted that Sri Sahib was a part of holy five Kakaars of Sikh religion and it was mandatory for a person to be Amritdhari, as per Sikh customs, to wear the same. The complainant had sought legal action against the filmmakers, saying his religious sentiments and those of Sikh community were hurt.
Rao and other petitioners submitted that another FIR dated August 31, 2023, registered at Division E police station, Amritsar Police Commissionerate, under Section 295-A of the IPC concerned the same incident and was based on identical allegations. The present FIR on the same allegations was, thus, was not sustainable.
The counsel for the petitioners also submitted that the facts alleged in the Jalandhar FIR did not make out ingredients of the offence under Section 295-A IPC as there was neither any deliberate or malicious intention of outraging the religious feelings of a class of citizens nor an attempt to insult the religious beliefs of any class.