High Court Stays Proceedings Against 'Yaariyan-2' Movie Makers In Punjab Police FIR For Allegedly Hurting Sikh Religious Sentiments

The Punjab & Haryana High Court has stayed the proceeding pertaining to FIRs lodged against against Producer and MD of T-Series Bhushan Kumar and Directors Radhika Rao, Vinay Sapru and Actor Meezaan Jafri under Section 295-A IPC for allegedly commiting sacrilege against Sikh Community.

The case pertains to depiction of the actor wearing a kirpan in a song titled “Saure Ghar” in a movie titled “Yaariyan 2”.

Justice Pankaj Jain while issuing notice in the matter said, "Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts notice on behalf of respondent No.1 and prays for time to seek instructions. In the meantime, further proceedings shall remain stayed."

Two petitions were filed under Section 482 CrPC for the quashing of FIRs registered against the aforesaid petitioners in Jalandhar and Amritsar for allegedly hurting the sentiments of Sikh community as the actor was wearing a kirpan in a song titled “Saure Ghar” in a movie titled “Yaariyan 2 . 

It was alleged in the FIR that in a song of the movie titled "Saure Ghar" released on Youtube/Social Media, the actor who is a non-Amritdhari actor has been shown to be wearing a kirpan, which is one of the five religious kakaars of the Sikh Religion, and this has resulted in hurting the religious sentiments of the Sikh community.

The counsel for the petitioner argued that from bare perusal of the FIR it is evident that no offence under Section 295-A is made out and thus it will be a case which would fall within the parameters as laid down by the Apex Court in the case of State of Haryana and others vs. Ch. Bhajan Lal & others, [1992 AIR (Supreme Court) 604].

It is also submitted that the petitioners lack any conceivable motive to outrage the religious sentiments of the Sikh community; furthermore, they stand to gain nothing from committing such an alleged insult, rendering the accusations baseless and devoid of logical substance. "The essence of Section 295-A IPC lies not in the mere depiction of religious symbols or practices, but in the purposeful, malicious intent to insult a religion or its beliefs," added the plea.

The counsel submitted that the portrayal in question, devoid of any derogatory or disrespectful context, does not equate to an act of insult as required under the ambit of Section 295-A IPC.

"In the absence of any explicit or implicit derogatory depiction or narrative surrounding the “Sri Sahib/Kirpan,” the allegations cannot be said to amount to the high threshold of insult or attempt to insult required under Section 295-A IPC," stated the petition.

The matter is now listed for March 11, 2024.

Counsel for the petitioners: Advocates Tejeshwar Singh and Dewangana Chhillar.

Title: Radhika Rao and others v.State of Punjab and another

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