The Punjab and Haryana High Court dismissed FIR against Punjabi singer Miss Pooja, actor Harish Verma, and others for allegedly hurting religious sentiments in their 2018 music video ‘Jeeju’ depicting Yamraj as a drunk husband.
Based on a lawyer’s complaint, a magistrate directed the filing of a First Information Report at a police station in Rupnagar, invoking Sections 295-A, 499, and 500 of the Indian Penal Code (IPC), as well as Section 156(3) of the Code of Criminal Procedure (CrPC).
However, they had not filed a complaint under Section 154 of the CrPC, nor had they attached a sworn affidavit with their applications. These are both mandatory requirements as per the directions laid down by the Supreme Court in the cases of Lalita Kumari, Sakiri Vasu, and Priyanka Srivastava.
The court heard petitions seeking quashing of the FIR, that was filed alleging the religious sentiments of some people that had been hurt by the singer and actors in a 2018 music video.
In the video, the singer Pooja is depicted beating up her drunk husband, who she imagines to be Yamraj, the god of death.
The court noted that the magistrate failed to adequately examine the evidence prior to issuing the order for the FIR. It further observed that the magistrate had not even viewed the song in question, which was accused of being offensive, and found no evidence suggesting an intentional intention to insult or outrage the religious sentiments of any particular group.
Also, the court cited a previous Supreme Court ruling, Ramjilal Modi vs State of UP, that held that Section 295A of the Indian Penal Code, which prohibits the deliberate and malicious insult of religious beliefs, does not apply to cases where there is no evidence of malicious intent.
However, the court quashed the FIR and all related proceedings.
