Shekhar Suman, Bharti Singh get relief in 2010 'Rasgulla' joke case

The Bombay High Court set aside the 2010 case against Shekhar Suman and Bharti Singh over a Comedy Circus Ka Jadoo joke. The court said the words were used for comic effect and did not show malicious intent to outrage religious sentiments.

In Short

• Bombay High Court cleared 2010 case against Bharti Singh and Shekhar Suman
• The dispute started over a joke performed on the show Comedy Circus Ka Jadoo
• Court found no malicious intent in comic act

The Bombay High Court has set aside a 2010 hate speech case against actor and television host Shekhar Suman and comedian Bharti Singh over a joke performed on the show Comedy Circus Ka Jadoo. The court held that the comic act did not amount to an offence under Section 295A of the Bharatiya Nyaya Sanhita, which deals with outraging religious sentiments, because there was no malicious intent behind the performance.

According to Bar and Bench, Justice Amit Borkar said criminal law should not be invoked lightly against artistes or judges of a show simply because someone feels offended by content taken out of context. The court said an offence under Section 295A (criminalising deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or beliefs) requires clear evidence of deliberate targeting of religious beliefs and malicious intent, and found that both were absent in this case.

Legal reasoning

Referring to the allegedly objectionable words, “Ya Allah! Rasgulla! Dahi Bhalla!”, the court said they were used for rhyme and comic effect. It accepted the argument that rasgulla and dahi bhalla are common food items with no inherent religious connotation.

“Mere mention of food items in a comic act cannot amount to an insult to religion. Something more is required. There must be material to show that the words were selected as a weapon of offence,” the court said.

Case background

The order came on petitions filed by Suman and Singh in 2012 against an FIR registered in 2010 on a complaint by Mohd Imran Dadani Rasabi of the Raza Academy. The complaint related to an episode of Comedy Circus Ka Jadoo that aired on November 20, 2010.

At the time, Suman was a judge on the show, while Singh appeared as a performer in an episode centred on humorous portrayals of different professions. The complaint alleged that certain expressions in the episode, including “Ya Allah! Rasgulla! Dahi Bhalla!”, had hurt the sentiments of Muslims.

The court, however, accepted the defence of Suman and Singh, noting that the show was meant to be light-hearted family entertainment and that the words were used only for rhyme and comic effect, without any intention to offend religious sentiments. It accordingly set aside the case, holding that the material on record did not show any deliberate or malicious attempt to target religious beliefs.

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