Punjab and Haryana High Court bins FIR over Yaariyan 2 song: Visuals not insult to Sikhs

Crucially, the court went on to add that a grievance expressed by an individual belonging to the Sikh community “cannot portray the sentiments of the entire community”. 

Justice Shalini Singh Nagpal quashed the FIR registered against the director of the song.

Hurt religious sentiments

The case arose from an FIR that was registered on the complaint of the man who reported that T Series Company released a song from the film Yaariyan 2 on YouTube wherein a clean-shaven Bollywood actor Neezaan Jafri was wearing Sri Sahib against Sikh customs. 

According to the facts of the case, Sri Sahib was a part of the holy 5 Kakaars of the Sikh religion, and it was mandatory for a person to be Amritdhari, as per Sikh customs, to wear the same. 

He claimed that the song was filmed by Director Radhika Rao and Vinay Sapru deliberately to hurt Sikh sentiments while calling Producer Bhushan Kumar also responsible. The lawyers argued that another FIR was registered against them regarding the same incident, on identical allegations, and therefore the present FIR, on the same allegations, was not sustainable.

The offence alleged was “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs”. The court, however, held that offence couldn’t be proved as there was “neither any deliberate or malicious intention of outraging the religious feelings of a class of citizens nor an attempt to insult the religious beliefs of any class”.

Apology after an inadvertent mistake

The counsel argued that, at best, the act could be said to be done carelessly or unwittingly, without deliberate or malicious intention, as petitioners lacked motive to outrage the religious sentiments of the Sikh community.

The portrayal of a non-Amritdhari person wearing Sri Sikh Sahib was only on account of a lack of knowledge of religious customs rather than an attempt to insult the religion or beliefs of any particular class, they added. The portrayal in question did not explicitly or implicitly convey any derogatory or disrespectful message towards the Sikh faith or its symbol. 

It was argued that the portrayal in the song fell within the four corners of artistic expression and creative freedom rather than an act intended to insult religious beliefs. It was added that the visuals in question had been removed and petitioners had already apologised and acknowledged the inadvertent mistake, committed without intention to hurt religious sentiments. 

It was also assured that no such mistake would be repeated in future. Thus, the subject FIR and all consequential proceedings arising therefrom were liable to be quashed, in the interest of justice, equity and good faith. 

Deputy Attorney General, Hardeep Singh Wadhwa, argued that the depiction of a clean-shaven actor wearing Sri Sahib in his neck against Sikh customs, without wearing a turban, hurt the religious feelings of the complainant and members of the Sikh community, and petitioners being the director, producer and actor of the film, responsible for creating the song were liable to be prosecuted in the court of law. I

It was submitted that, in view of the specific allegations against the petitioners of hurting religious feelings, the FIR could not be quashed at the inception, when the investigation was yet pending.