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On Wednesday, the Supreme Court bench consisting Chief Justice Dipak Misra, Justice D.Y Chandrachud and Justice A.M Khanwilkar granted stay on all criminal proceedings against actress Priya Varrier and the director of the Malayalam film “Oru Adaar Love”, Omar Abdul Vahab.
The court by following the means of proceeding has issued notice to the states of Telangana and Maharashtra. Not only this, the court has also issued direction that no police complaint under Section 200 of CrPC will be entertained against the promotional song “Manikya Malaraya Poovi”.
The petitioners are represented by Advocate Haris Beeran and Pallavi Pratap, who were seeking the quashing of the FIR registered in the state of Telangana and criminal complaints filed in Maharashtra. The criminal complaints are filed by Raza Academy and a group of persons under the aegis of the Jan Jagran Samiti for allegedly hurting the religious sentiments of Muslims.
The entire controversy revolves around the song which finds its origin from traditional Muslim Song from the Malabar region of Kerala. The song describes and praises Prophet Mohamed and his first wife Khadeeja. The song was in existence for past 40 years which was sung and cherished by the Muslim Community in Kerela. The claims that it hurts the sentiments of Muslim community are without any basis.
The petitioners also highlighted in the proceedings that “the criminal complaints have been instituted by various fringe groups based on a distorted and incorrect interpretation of the song in the states of Telangana, Maharashtra and similar complaints are likely from the other non- Malayalam speaking states as well.”
The petitioners have averred that in the view of the threat to the life of the young actress and her family, the FIR and the criminal complaints are violative of Article 21, Article 19(1)(a) and 19(1)(g).
Directions have been issued to the states prohibiting the states against initiating any criminal proceedings or registering any complaints or FIR on the ground that the song has violated the religious sentiments of a particular community.
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