P&H High Court Issues Notice On Actor Rajkumar Rao's Plea To Quash FIR For Allegedly Hurting Religious Sentiments During Film Promotion

The Punjab and Haryana High Court has sought a status report from the police in connection with a petition filed by Bollywood actor Rajkumar Rao seeking quashing of an FIR lodged against him for allegedly hurting religious sentiments.

In 2017, during the promotion of movie "Behan Hogi Teri", the producer had posted an image of Rao dressed as Lord Shiva sitting on a motor cycle. 

The plea sought quashing of FIR lodged under IPC Sections 295A(Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 120B (criminal conspiracy) and Section 67 IT Act in Punjab's Jalandhar along with non-bailable warrants against him. In a recent development, the Actor today surrendered before Jalandhar Court and was granted bail in the case.

Issuing notice in the matter, Justice N.S Shekhawat in his order said:

“Notice of motion. On the asking of the Court, Mr. Jastej Singh, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent No.1 and prays for time to file a status report...The status report of investigation may be filed by way of an affidavit of Commissioner of Police, Jalandhar on or before the next date of hearing.”

In the plea it is submitted that the essential of Section 295-A IC is a "deliberate and malicious intention" to outrage religious feelings. In the present case, there is no evidence suggesting any such deliberate or malicious intent on the Petitioner's part, the plea states.

The Petitioner, as an actor, merely performed a scripted role in the film where his character had a part-time job in a neighborhood devotional group (jagran mandali) playing Lord Shiva during community religious events, it adds. There is no conceivable motive for the Petitioner to deliberately insult or outrage the religious sentiments of any community.

It was further contended that the film in question, "Behan Hogi Teri," was duly reviewed and certified by the Central Board of Film Certification (CBFC) with a 'UA' certificate. The CBFC, being the statutory authority constituted under the Cinematograph Act, 1952, is specifically mandated to examine whether any content in a film is offensive, derogatory, or likely to offend religious sentiments.

The CBFC's approval of the film, including the scenes depicting the Petitioner dressed as Lord Shiva, constitutes an expert determination that the content is not legally objectionable, the plea states.

The portrayal in question falls within the protected domain of artistic expression under Article 19(1)(a) of the Constitution, it added.

While issuing notice, the Court adjourned the case to August 08.

Mr. Tejeshwar Singh, Advocate for the petitioner.

Title: RAJKUMAR YADAV ALIAS RAJ KUMAR YADAV ALIAS RAJKUMAR RAO VS STATE OF PUNJAB AND ANOTHER

Click here to read/download the order