Bombay HC Quashes 2010 FIR Against Shekhar Suman, Bharti Singh Over 'Ya Allah! Rasgulla! Dahi Bhalla!' Dialogue In Comedy Show

The Bombay High Court has quashed a 2010 FIR against Shekhar Suman and Bharti Singh over the ‘Ya Allah! Rasgulla! Dahi Bhalla!’ dialogue. The court held there was no intent to hurt religious sentiments, noting the remark was part of a light-hearted comedy performance and not made with any malicious purpose. Scroll down to read more.

Bombay HC Dismisses FIR Against Shekhar Suman, Bharti Singh

The Bombay High Court has dismissed a 2010 FIR filed against TV actors Shekhar Suman and Bharti Singh. The court observed that a comedy dialogue aired in Comedy Circus Ka Jadoo did not show any intention to hurt religious sentiments. Moreover, it also noted that criminal proceedings cannot be initiated casually against performers or judges of entertainment shows. Saying viewer offence from out-of-context content is not enough.

The case was linked to an episode broadcast in November 2010. The episode saw Shekhar Suman appear as a judge, and Bharti Singh perform. The contested line, ‘Ya Allah! Rasgulla! Dahi Bhalla!’ was alleged to have hurt religious sentiments. Thus, leading Mohd Rasabi to file an FIR at the Pydhonie police station in Mumbai. The report was filed under Section 295A of the Indian Penal Code.

The actors had approached the High Court in 2012 seeking the quashing of the FIR. Their counsel argued that the show, ‘Comedy Circus Ka Jadoo’, was intended purely as light-hearted family entertainment featuring comedic acts. Additionally, with no connection to real-life issues or any intention to offend religious beliefs. It was also pointed out that the required prior sanction for prosecution was not obtained, making the case procedurally invalid.

High Court Rejects Offence-Based FIR

Accepting the arguments, the court observed that simply feeling offended is not sufficient for prosecution. Unless, a clear intent to insult religious sentiments is proven. The bench stated: “There must be deliberate targeting of religious feeling. There must be a malicious object,” the HC said. It further added, “If the complaint is taken at its face value, the material does not show an intention to outrage the religious feelings of any class. At its highest, it suggests that some viewers may have felt offended by the style of expression used in the performance. But offence felt by a section of viewers is not enough in law unless the mental element is also disclosed.”

The Additional Public Prosecutor had argued that the matter should proceed to trial to determine whether an offence was made out. However, the court rejected this view, stating, “The mere saying that trial should proceed cannot cure the absence of legal ingredients.” The court also emphasised the nature of the programme. Noting that it was designed as family entertainment and had been running successfully for a long time. It observed, “A judge in a comedy show does not stand in the position of a speaker making a declaration against a religious group.”

Ultimately, the High Court concluded that there was no legal basis to continue the proceedings and accordingly quashed the FIR.

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