The Punjab and Haryana High Court has quashed an FIR against the makers of "Yaariyan 2" over the portrayal of a non-Amritdhari Sikh actor wearing a kirpan in a song from the film. The court held that the depiction could not be treated as an insult to the Sikh religion under Section 295-A of the Indian Penal Code.
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HC Examines Section 295-A Allegations
The FIR was filed after a complaint over a song from "Yaariyan 2" uploaded on YouTube. The complainant objected to clean-shaven actor Neezaan Jafri being shown wearing a 'Sri Sahib', arguing that the portrayal went against Sikh customs.
While examining the allegations, Justice Shalini Singh Nagpal observed that the song represented creative and artistic expression. The court said the inadvertent portrayal of Sri Sahib, one of the five religious 'Kakaars' of Sikhism, could not by itself be considered a deliberate or malicious attempt to offend religious sentiments.
The court also found that the alleged act could not be viewed by an ordinary prudent person as grossly offensive or provocative.
Court Quashes FIR Against 'Yaariyan 2' Makers
The judgment, pronounced on September 7, also distinguished an individual's grievance from the sentiments of an entire religious community. The court observed, "Also a grievance expressed by an individual belonging to Sikh community cannot portray the sentiments of the entire community."
Allowing the petition filed by director Radhika Rao and other petitioners, the High Court quashed the August 30, 2023 FIR registered under Section 295-A at Police Station Division 4, Police Commissionerate, Jalandhar, "and all consequential proceedings arising therefrom" qua the petitioners.
The filmmakers had approached the High Court seeking the cancellation of the FIR and all proceedings arising from it.
What The Court Said About Section 295-A
The court noted that Section 295-A IPC deals with deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs.
Justice Nagpal identified three requirements for the provision to apply: there must be an insult or attempted insult to a religion or religious belief; the act must involve a deliberate and malicious intention to outrage religious feelings; and the alleged insult must be conveyed through spoken or written words, signs, visible representation or otherwise.
The complainant had argued that the Sri Sahib is among the five holy Kakaars of Sikhism and that, according to Sikh customs, wearing it is mandatory for an Amritdhari person. Legal action was consequently sought against the filmmakers on the grounds that the portrayal had hurt religious sentiments.
The petitioners also pointed to another FIR registered on August 31, 2023, at Division E police station under the Amritsar Police Commissionerate. They argued that it concerned the same incident and was based on identical allegations, making the Jalandhar FIR unsustainable.
Their counsel further submitted that the allegations did not fulfil the requirements of Section 295-A because there was no deliberate or malicious intention to outrage the religious feelings of a class of citizens and no attempt to insult religious beliefs.
(With inputs from PTI)
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