The Bombay High Court has dismissed a long-standing complaint against renowned singer Kailash Kher, accused of hurting religious sentiments with his song ‘Babam Bam’ dedicated 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 stated that there was “no deliberate or malicious intent” on Kher’s part to outrage religious feelings. The decision quashes a 2014 complaint filed by Narinder Makkar in a Ludhiana court, which alleged that the song’s video contained vulgar elements offensive to devotees of Lord Shiva.
Bombay HC clears Kailash Kher in ‘Babam Bam’ song controversy: “Intolerance a bane of society”
Court Finds No Evidence of Malicious Intent
The complaint against Kailash Kher stemmed from his 2007 song ‘Babam Bam’, part 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 religious sentiments. Makkar sought action under Indian Penal Code (IPC) sections 295A and 298, which address deliberate acts to outrage religious feelings with malicious intent. However, the Bombay High Court ruled that the song’s lyrics were “nothing but praise of Lord Shiva and the attributes of his mighty character,” finding no grounds to support the complainant’s claims.
The court stated that for an offense under IPC Section 295A to be established, there must be a clear, deliberate attempt to insult religious 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 noted, highlighting the importance of distinguishing between personal dislike and intentional harm.
A Decade-Long Legal Battle Ends
Kailash Kher’s legal battle began in 2014 when Makkar filed the complaint before the Ilaka Judicial Magistrate in Ludhiana, Punjab. At the time, bailable warrants were issued against Kher after he failed to appear in court, prompting the singer to approach the Bombay High Court for relief. The High Court granted interim protection in 2014, ensuring no coercive action would be taken against him, a safeguard that remained in place until the final ruling this month.
In his plea, filed through advocate Ashok Sarogi, Kher argued that he was solely the singer of ‘Babam Bam’ and had no role in the video’s choreography or direction, which was handled by Sony Music Entertainment. Sarogi further noted that the video had been cleared by the Central Board of Film Certification (CBFC) before its release, reinforcing that its content was not intended to offend. The court 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 opportunity to address broader societal issues, quoting author A.G. Noorani to underline the importance 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 court stated. This observation reflects the judiciary’s stance on balancing freedom of expression with religious sensitivities, a recurring theme in similar cases.
The court also pointed out procedural lapses in the case, noting that prosecution under IPC Section 295A requires prior sanction under Section 196(1) of the Criminal Procedure Code (CrPC), which was not obtained. This procedural oversight further supported the decision to quash the complaint.
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