Bombay HC clears Kailash Kher in ‘Babam Bam’ song | Indian Movie News
The Bombay High Court has dismissed a long-standing criticism towards famend singer Kailash Kher, accused of hurting non secular sentiments together with his song ‘Babam Bam’ devoted to Lord Shiva. In a ruling dated March 4, 2025, and made public on Thursday, a division bench of Justices Bharati Dangre and Shyam Chandak acknowledged that there was “no deliberate or malicious intent” on Kher’s half to outrage non secular emotions. The determination quashes a 2014 criticism filed by Narinder Makkar in a Ludhiana courtroom, which alleged that the song’s video contained vulgar components offensive to devotees of Lord Shiva.
Court Finds No Evidence of Malicious Intent
The criticism towards Kailash Kher stemmed from his 2007 song ‘Babam Bam’, half of the album ‘Kailasa Jhoomo Re.’ Narinder Makkar, a self-identified Shiva devotee, claimed the song’s video depicted “scantily dressed women” and scenes of kissing, which he deemed vulgar and offensive to his non secular sentiments. Makkar sought motion beneath Indian Penal Code (IPC) sections 295A and 298, which handle deliberate acts to outrage non secular emotions with malicious intent. However, the Bombay High Court ruled that the song’s lyrics have been “nothing but praise of Lord Shiva and the attributes of his mighty character,” discovering no grounds to help the complainant’s claims.
The courtroom acknowledged that for an offense beneath IPC Section 295A to be established, there should be a clear, deliberate attempt to insult non secular beliefs—a threshold not met in this case. “Every action which may be to the dislike of a class of people may not necessarily lead to outraging religious sentiments,” the bench famous, highlighting the significance of distinguishing between personal dislike and intentional hurt.
A Decade-Long Legal Battle Ends
Kailash Kher’s legal battle started in 2014 when Makkar filed the criticism earlier than the Ilaka Judicial Magistrate in Ludhiana, Punjab. At the time, bailable warrants have been issued towards Kher after he failed to seem in courtroom, prompting the singer to strategy the Bombay High Court for aid. The High Court granted interim safety in 2014, guaranteeing no coercive motion can be taken towards him, a safeguard that remained in place till the ultimate ruling this month.
In his plea, filed via advocate Ashok Sarogi, Kher argued that he was solely the singer of ‘Babam Bam’ and had no position in the video’s choreography or direction, which was dealt with by Sony Music Entertainment. Sarogi additional famous that the video had been cleared by the Central Board of Film Certification (CBFC) earlier than its release, reinforcing that its content material was not supposed to offend. The courtroom agreed, stating, “What is important to note in this whole scenario is the absence of the deliberate and malicious intention on the part of the petitioner, who is just singing the song.”
Bombay High Court Critiques Intolerance in Society
The bench took the chance to deal with broader societal points, quoting creator A.G. Noorani to underline the significance of tolerance in a free society. “Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for centuries. But it is precisely in the ready acceptance of the right to dissent as distinct from its mere tolerance, that a free society distinguishes itself,” the courtroom acknowledged. This remark displays the judiciary’s stance on balancing freedom of expression with non secular sensitivities, a recurring theme in related circumstances.
The courtroom additionally identified procedural lapses in the case, noting that prosecution beneath IPC Section 295A requires prior sanction beneath Section 196(1) of the Criminal Procedure Code (CrPC), which was not obtained. This procedural oversight additional supported the choice to quash the criticism.
Also Read: Anupam Kher shares hilarious video with Kailash Kher showcasing their playful bond, watch
Bombay HC clears Kailash Kher in ‘Babam Bam’ song | Watch Online Free
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