The Bombay Excessive Courtroom has dismissed a long-standing criticism in opposition to famend singer Kailash Kher, accused of injuring spiritual sentiments together with his tune ‘Babam Bam’ devoted to Lord Shiva. In a ruling dated March 4, 2025, and made public on Thursday, a division bench of Justices Bharati Dangre and Shyam Chandak said that there was “no deliberate or malicious intent” on Kher’s half to outrage spiritual emotions. The choice quashes a 2014 criticism filed by Narinder Makkar in a Ludhiana court docket, which alleged that the tune’s video contained vulgar parts offensive to devotees of Lord Shiva.
Bombay HC clears Kailash Kher in ‘Babam Bam’ tune controversy: “Intolerance a bane of society”
Courtroom Finds No Proof of Malicious Intent
The criticism in opposition to Kailash Kher stemmed from his 2007 tune ‘Babam Bam’, a part of the album ‘Kailasa Jhoomo Re.’ Narinder Makkar, a self-identified Shiva devotee, claimed the tune’s video depicted “scantily dressed girls” and scenes of kissing, which he deemed vulgar and offensive to his spiritual sentiments. Makkar sought motion beneath Indian Penal Code (IPC) sections 295A and 298, which handle deliberate acts to outrage spiritual emotions with malicious intent. Nevertheless, the Bombay Excessive Courtroom dominated that the tune’s lyrics have been “nothing however reward of Lord Shiva and the attributes of his mighty character,” discovering no grounds to assist the complainant’s claims.
The court docket said that for an offense beneath IPC Part 295A to be established, there have to be a transparent, deliberate try and insult spiritual beliefs—a threshold not met on this case. “Each motion which can be to the hate of a category of individuals could not essentially result in outraging spiritual sentiments,” the bench famous, highlighting the significance of distinguishing between private dislike and intentional hurt.
A Decade-Lengthy Authorized Battle Ends
Kailash Kher’s authorized battle started in 2014 when Makkar filed the criticism earlier than the Ilaka Judicial Justice of the Peace in Ludhiana, Punjab. On the time, bailable warrants have been issued in opposition to Kher after he failed to look in court docket, prompting the singer to strategy the Bombay Excessive Courtroom for aid. The Excessive Courtroom granted interim safety in 2014, guaranteeing no coercive motion can be taken in opposition to him, a safeguard that remained in place till the ultimate ruling this month.
In his plea, filed via advocate Ashok Sarogi, Kher argued that he was solely the singer of ‘Babam Bam’ and had no position within the video’s choreography or route, which was dealt with by Sony Music Leisure. Sarogi additional famous that the video had been cleared by the Central Board of Movie Certification (CBFC) earlier than its launch, reinforcing that its content material was not supposed to offend. The court docket agreed, stating, “What’s vital to notice on this complete situation is the absence of the deliberate and malicious intention on the a part of the petitioner, who’s simply singing the tune.”
Bombay Excessive Courtroom Critiques Intolerance in Society
The bench took the chance to handle broader societal points, quoting writer A.G. Noorani to underline the significance of tolerance in a free society. “Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for hundreds of years. However it’s exactly within the prepared acceptance of the fitting to dissent as distinct from its mere tolerance, {that a} free society distinguishes itself,” the court docket said. This remark displays the judiciary’s stance on balancing freedom of expression with spiritual sensitivities, a recurring theme in comparable instances.
The court docket additionally identified procedural lapses within the case, noting that prosecution beneath IPC Part 295A requires prior sanction beneath Part 196(1) of the Prison Process Code (CrPC), which was not obtained. This procedural oversight additional supported the choice to quash the criticism.
Additionally Learn: Anupam Kher shares hilarious video with Kailash Kher showcasing their playful bond, watch
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