Bombay High Court Sets Aside Hate Speech FIR Against Shekhar Suman and Bharti Singh

The Bombay High Court has quashed a hate speech case filed against actors Shekhar Suman and Bharti Singh, ruling that a comedic remark made during a television show did not meet the legal threshold required for criminal prosecution.

The case dates back to 2010 and was linked to an episode of the television programme Comedy Circus Ka Jadoo, where a dialogue—“Ya Allah! Rasgulla! Dahi Bhalla!”—was used in a humorous context. A complaint had alleged that the line hurt religious sentiments, leading to the registration of a First Information Report under Section 295A of the Indian Penal Code, which deals with deliberate acts intended to outrage religious feelings.

In its ruling, the court observed that the essential requirement of “deliberate and malicious intent” was not established in this instance. It emphasised that the dialogue was delivered as part of a comedy performance and lacked any clear intention to insult or target a specific religious group. The bench noted that context is crucial when evaluating such expressions, particularly in the realm of entertainment.

The court further clarified that merely offending or hurting the sentiments of a section of society does not automatically constitute a criminal offence. For prosecution under Section 295A, there must be clear evidence of intent to provoke or incite. In the absence of such intent, continuing legal proceedings would be unjustified.

Additionally, the High Court pointed out procedural shortcomings in the case, including the lack of mandatory prior sanction required to initiate prosecution under the relevant provision. This lapse further weakened the basis of the complaint and supported the court’s decision to quash the FIR.