The Bombay High Court has dismissed a 2010 police complaint against actor Shekhar Suman and comedian Bharti Singh. The complaint was focused on remarks made during a comedy show, claiming the statements hurt religious sentiments. The court found no evidence to support this claim.
The case originated at the Pydhonie Police Station, initiated under Section 295-A of the Indian Penal Code, which addresses actions meant to offend religious feelings. This complaint followed an episode of “Comedy Circus Ka Jadoo” that aired in November 2010.
Justice Amit Borkar reviewed petitions from both Suman and Singh, seeking to cancel the FIR and related actions. The court emphasized that the comedy show was intended for entertainment and should be interpreted in that light, rather than as a serious discourse.
The High Court noted that comedy should not be measured with the same standards as serious speeches or political statements. It explained that a clear intent to insult religious sentiments must exist for legal action under Section 295-A, and both malicious intent and deliberate action are required to establish a case.
After assessing available evidence, the court determined that neither Suman nor Singh intended to offend any religion. It also stated that just because some viewers felt hurt doesn’t warrant criminal charges.
The court remarked on the roles of the pair in the show, noting that Suman acted as a judge and Singh was part of a scripted performance. There was no indication of a shared intention behind their actions.
Furthermore, the prosecution had failed to meet a critical legal requirement; they did not obtain prior approval necessary for prosecuting under Section 295-A.
The court rejected the argument to advance the case to trial, asserting that a trial cannot substitute for a legitimate legal basis. It concluded that continuing the case without fulfilling necessary legal conditions would misuse the legal system.
As a result, the FIR and all related proceedings against Shekhar Suman and Bharti Singh have been annulled.
