Supreme Court: The Bench comprising of CJ Dipak Misra and A.M. Khanwilkar and Dr D.Y. Chandrachud, JJ, allowed an appeal pertaining to an FIR filed against the petitioner’s in regard to a song named “Manikya Malaraya Poovi” been picturised in a manner that offends the sentiments of a particular community.
The present petition was filed by the actor, producer and director of the movie “Oru Adaar Love” in regard to a prayer being placed saying that no FIR should be entertained or any criminal complaint under Section 200 IPC for the picturization of the song “Manikya Malaraya Poovi”.
The contention as submitted before the Court by the petitioners was that the song is a traditional Muslim song of Kerala and they cannot be made liable for the same. The allegation in regard to the song was that it offends the sentiments of a particular community and that is the reason an FIR against it was filed under Section 295A. Further, it was submitted that the issue is not the song, it is the manner in which it has been picturized.
The bench while giving due consideration to the submissions of the parties along with the facts of the case, concluded its decision for the appeal by stating that on referring to Ramji Lal Modi v. State of U.P., AIR 1957 SC 620, it is clear that the above-stated Section 295 A IPC would not get attracted in the present matter. Further, the Court stated that solely because of the ‘wink’ picturization in the song would not amount to attempting to insult the religion or religious beliefs of a class of citizens and certainly the petitioners had no calculated intention to do the same. Therefore, the appeal was allowed with direction of no further FIRs to be entertained for the stated matter. [Priya Prakash Varrier v. State of Telangana, 2018 SCC OnLine SC 1289, Order dated 31-08-2018]
