Shekhar Suman, Bharti Singh get relief in 2010 ‘Rasgulla’ joke case
The Bombay High Court quashed the 2010 case against Shekhar Suman and Bharti Singh over Comedy Circus Ka Jadoo jokes. The court said the words were used for humorous effect and there was no malicious intention to hurt religious sentiments.
The Bombay High Court has dismissed a 2010 hate speech case against actor and television host Shekhar Suman and comedian Bharti Singh over a joke made on the show. magic of comedy circus. The court held that the comedy act did not constitute an offense under Section 295A of the Indian Judicial Code, which deals with hurting religious sentiments, as there was no malicious intention behind the performance.
❮❯
according to bar and benchJustice Amit Borkar said criminal law should not be taken lightly against the artistes or judges of a show just because someone feels offended by presenting the content out of context. The court noted that the offense under Section 295A (criminalizing deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or beliefs) requires deliberate targeting of religious beliefs and clear proof of malicious intent, and found that both were absent in this case.
legal reasoning
The alleged offensive words, “Ya Allah! Rasgulla! Dahi Bhalla!” Referring to the verses, the court said that these were used for rhyme and comic effect. It accepted the argument that Rasgulla and Dahi Bhalla are ordinary food items with no inherent religious meaning.
The court said, “Merely mentioning food items in a comedy act cannot be an insult to religion. Something more is required. There must be material to show that the words were chosen as weapons of offence.”
Background of the case
The order came on petitions filed by Suman and Singh in 2012 against an FIR registered in 2010 on the complaint of Mohammad Imran Dadani Rasabi of Raza Academy. The complaint relates to a case magic of comedy circus Which aired on 20 November 2010.
At that time, Suman was a judge on the show, while Singh appeared as a performer in an episode focusing on the humorous portrayal of various professions. The complaint alleged that the episode featured “Ya Allah! Rasgulla! Dahi Bhalla!” Some expressions including this have hurt the sentiments of Muslims.
However, the court accepted Suman and Singh’s defence, noting that the show was meant for light-hearted family entertainment and the words were used only for rhyme and comic effect, with no intention to hurt religious sentiments. Accordingly, the case was dismissed holding that the material on record did not show any deliberate or malicious attempt to target religious beliefs.