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Bombay HC clears Kailash Kher in ‘Babam Bam’ observe controversy: “Intolerance a bane of society” : Bollywood Info

The Bombay Extreme Courtroom docket has dismissed a long-standing criticism in opposition to renowned singer Kailash Kher, accused of wounding non secular sentiments collectively along with his observe ‘Babam Bam’ dedicated 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 stated that there was “no deliberate or malicious intent” on Kher’s half to outrage non secular feelings. The selection quashes a 2014 criticism filed by Narinder Makkar in a Ludhiana courtroom, which alleged that the observe’s video contained vulgar components offensive to devotees of Lord Shiva.

Bombay HC clears Kailash Kher in ‘Babam Bam’ song controversy: “Intolerance a bane of society”

Bombay HC clears Kailash Kher in ‘Babam Bam’ observe controversy: “Intolerance a bane of society”

Courtroom docket Finds No Proof of Malicious Intent

The criticism in opposition to Kailash Kher stemmed from his 2007 observe ‘Babam Bam’, part of the album ‘Kailasa Jhoomo Re.’ Narinder Makkar, a self-identified Shiva devotee, claimed the observe’s video depicted “scantily dressed women” and scenes of kissing, which he deemed vulgar and offensive to his non secular sentiments. Makkar sought movement under Indian Penal Code (IPC) sections 295A and 298, which deal with deliberate acts to outrage non secular feelings with malicious intent. Nonetheless, the Bombay Extreme Courtroom docket dominated that the observe’s lyrics had been “nothing nonetheless reward of Lord Shiva and the attributes of his mighty character,” discovering no grounds to help the complainant’s claims.

The courtroom stated that for an offense under IPC Half 295A to be established, there must be a clear, deliberate attempt to insult non secular beliefs—a threshold not met on this case. “Every movement which might be to the detest of a class of people couldn’t basically end in outraging non secular sentiments,” the bench well-known, highlighting the importance of distinguishing between non-public dislike and intentional damage.

A Decade-Prolonged Approved Battle Ends

Kailash Kher’s licensed battle began in 2014 when Makkar filed the criticism sooner than the Ilaka Judicial magistrate in Ludhiana, Punjab. On the time, bailable warrants had been issued in opposition to Kher after he did not look in courtroom, prompting the singer to technique the Bombay Extreme Courtroom docket for discount. The Extreme Courtroom docket granted interim security in 2014, making sure no coercive movement might be taken in opposition to him, a safeguard that remained in place until the final word 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 perform throughout the video’s choreography or course, which was handled by Sony Music Leisure. Sarogi further well-known that the video had been cleared by the Central Board of Film Certification (CBFC) sooner than its launch, reinforcing that its content material materials was not meant to offend. The courtroom agreed, stating, “What’s crucial to note on this complete scenario is the absence of the deliberate and malicious intention on the part of the petitioner, who’s merely singing the observe.”

Bombay Extreme Courtroom docket Critiques Intolerance in Society

The bench took the possibility to cope with broader societal factors, quoting creator A.G. Noorani to underline the importance of tolerance in a free society. “Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for lots of of years. Nonetheless it is precisely throughout the ready acceptance of the suitable to dissent as distinct from its mere tolerance, {{that a}} free society distinguishes itself,” the courtroom stated. This assertion shows the judiciary’s stance on balancing freedom of expression with non secular sensitivities, a recurring theme in comparable situations.

The courtroom moreover recognized procedural lapses throughout the case, noting that prosecution under IPC Half 295A requires prior sanction under Half 196(1) of the Authorized Course of Code (CrPC), which was not obtained. This procedural oversight further supported the selection to quash the criticism.

Moreover Study: Anupam Kher shares hilarious video with Kailash Kher showcasing their playful bond, watch

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