HC hits criminal proceedings against singer Kailash Kher | Mumbai News

In the complaint submitted in front of a court in Ludhiana, the complainant Narinder Makkar claimed that the song sung by Kher in 2007 injured religious feelings of the Hindu community by showing young girls and boys, dancing, dancing and kissing flimsy clothes.

However, a department bank of the judiciary Bharati Dangre and Justice Shyam Chandak found that the complaint did not state that the texts sung by the petent had outraged the complainant's religious feelings.

“What is important to consider in this whole scenario is the lack of the deliberate and malicious intent of the petent (kher), who is singing the song, and in any case he is neither the producer of the album nor has it shot.”

In addition, the judges emphasized that “every action that corresponds to the aversion of a class of people cannot necessarily lead to outrageous religious feelings, since a person can be opened with § 295 a if his action covered intentional and malignant, religious feelings that are not intended not to outrage religious feelings.”

The judges quoted AG Noorani, a famous author, historian and political analyst to bring the point home: “Intolerance to disagreements towards the orthodoxy of the day has been the Bane of Indian Society for centuries. Exactly in the willingness of the right to dissent, as it differs from its mere tolerance, a free society differs. ”

Therefore, the court has raised the arrest warrant issued against Kher in 2014 and also the criminal complaint pending before the court in Ludhiana.