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The Supreme Court on Friday quashed the FIR and the criminal complaints registered against the actress, Priya Prakash Varrier and the directors and producers of the Malayalam film ‘Ore Adaar Love’, wherein it was alleged that they are hurting the religious sentiments of the Muslims.
The controversy related to the Mappila song which is Muslim song from the Malabar region of Kerala. In the song, love between the Prophet Mohamed and his first wife has been praised.
The bench while allowing the appeal, directed that no other FIR under Section 200 of the Cr.P.C must be filed against the petitioners. It further held that the present song cannot be held to hurt the sentiments of the Muslim people, only because of the “wink” and that the present song has been on YouTube since February 2018. Thus, there is no intention on the part of the petitioners to insult or cause public disorder.
The bench also observed that the song has been sung in various parts of Kerala and the act is not conducive to the Islamic beliefs. Reference was made to the judgment of the constitution bench of 1957(Ramji Lal Modi) wherein it was held that the Section 295A only punishes the “aggravated form of insult to religion when it is perpetrated with deliberate intention of outraging the religious feeling of that class.” The bench remarked that nothing in the film has been completed and CBFC is yet to certify. Thus, making the petitioners not liable as the song has not yet been released.
The 2017 decision in the case of M.L Sharma v. Sanjay Leela Bhansali was also referred to, wherein the bench has declined to judge the film “Padmavat”, before the pending certification by the CBFC. Justice Dipak Misra also stated that the honesty of the writers, lyricists and other artists must be accepted by the audience unless prohibited by law.
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