Comedy not same as serious speech: HC
MUMBAI, May 1 -- The Bombay High Court on Wednesday quashed an FIR against comedian Bharti Singh and actor Shekhar Suman for allegedly hurting religious sentiments during a comedy show aired on Sony. The court held that while essential ingredients of the offence were not made out, comedy performances should not be judged by the same standards as serious speech.
In the FIR filed in 2010 regarding allegedly offensive remarks made on the show 'Comedy Circus Ka Jadoo', Sony and a scriptwriter were named as accused, apart from the comedian and the actor. The FIR was based on a complaint from a representative of Raza Academy, who claimed that Singh had cracked a joke about a Quranic verse on the show co-hosted by the actor, which was offensive to Islam.
Advocate Niteen Pradhan, who represented the comedian and the actor, submitted that the police probe against the duo, who were merely discharging their roles as a judge and a performing artist, was wholly unnecessary, unjustified, and unwarranted. "The programme was in the nature of light entertainment, and was devoid of any intention to insult or outrage the religious feelings of any particular class or community," he said.
Additional public prosecutor Megha Bajoria submitted that given seriousness of the allegations, whether the petitioners had committed the alleged offences or not would be examined during the course of trial.
A single judge bench of Justice Amit Borkar, however, set aside the FIR, noting that the performers and judges in such programmes are meant to create laughter, and they "do not stand in the position of a speaker making a declaration against a religious group".
"The performance appears to have been made in a theatrical manner, with the object of entertainment. That does not by itself create criminality," the bench said. Continuation of proceedings against them would amount to misuse of process, the court said....
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