Kailash gets big relief from High Court, was accused of hurting religious sentiments through song

In the year 2007, musician Kailash Kher sang a song in praise of Lord Shiva. A complaint was made against musician Kailash Kher for the song claiming that people were offended by this song. On this, the Bombay High Court dismissed the complaint saying that he did not possess such an intention. The judge said that musician Kher, by singing the song 'Babam Bam', did not mean to offend anybody's religious sentiments.

A complaint was made by one Narinder Makkar against the singer in a local court in Ludhiana. The complaint was that religious sentiments were deliberately offended. The complainant presented himself as a devotee of Lord Shiva and said that the song by Kher, 'Babum Bam' in praise of Lord Shiva, has an obscene video in which women in short clothes kiss each other.

Dismissing the complaint filed in the area judicial magistrate in Ludhiana, the High Court said that the lyrics of the song sung by Kher are nothing but praise of Lord Shiva. The court said that every act which is disliked by a particular class does not necessarily incite religious sentiments.

The petitioner had demanded from the court that a case should be registered against Kailash under section 295A. On this, the bench said that to register a crime under section 295A of the IPC, there should be a deliberate attempt on the part of the person to hurt someone's religious sentiments.

Kher had approached the High Court after filing a complaint in the Ludhiana Court of Punjab in 2014. At that time, the High Court had granted interim relief and said that no punitive action should be taken against the singer. In his petition, Kher said that he is only the singer of the song and the video was choreographed by another company through Sony Music Entertainment. Khair had argued that the video of the song was released only after the Central Board of Film Certification gave its approval.