38.6c New Delhi, India, Friday, June 21, 2024
Judiciary

MP HC Refuses to Quash FIR Against Folk Singer for Uploading Cartoon on Sidhi Urination Incident Showing Man in RSS Dress [Read Order]

By Saket Sourav      10 June, 2024 04:16 PM      0 Comments
MP HC Refuses to Quash FIR Against Folk Singer for Uploading Cartoon on Sidhi Urination Incident Showing Man in RSS Dress

Madhya Pradesh: The Madhya Pradesh High Court recently refused to quash an FIR filed against popular folk singer Neha Singh Rathore for allegedly promoting enmity between different groups on grounds of religion, race, etc., under Section 153A of the Indian Penal Code (IPC).

The court was hearing a criminal miscellaneous case filed by Neha Singh Rathore seeking to quash the FIR registered against her at the Kotwali Baidhan Police Station in Singrauli district by the State of Madhya Pradesh.  

"Even if the entire allegations are accepted, it is clear that an offence punishable under Section 153A of IPC is made out," observed Justice Gurpal Singh Ahluwalia while dismissing Rathore's application.

"The addition of a particular dress was indicative of the fact that the applicant wanted to communicate that the offence was committed by a person belonging to a particular ideology. Thus, it was a clear case of making an attempt to disrupt harmony and to provoke the feelings of enmity, hatred or ill-will," the court said.

Facts:

The case pertains to an incident where a person in an inebriated condition urinated on another person belonging to a reserved category. Rathore, being a popular folk singer, uploaded a message on her Twitter and Instagram accounts along with a cartoon depicting the incident. However, in the cartoon, the person urinating was shown wearing a particular dress, indicating a specific ideology or religious group.

Arguments:

The counsel appearing on behalf of Neha Singh Rathore argued that she had a moral duty to highlight such gruesome incidents and that her actions were covered under the fundamental right of free speech and expression enshrined in Article 19(1)(a) of the Constitution. Further, it was contended that no offence under Section 153A was made out, even if the allegations were accepted.

Conversely, the counsel for the State of Madhya Pradesh vehemently opposed the application, stating that her actions amounted to promoting disharmony or feelings of enmity, hatred, or ill-will between different religious, racial, language, or regional groups, which is prejudicial to the maintenance of harmony.

Decision:

After hearing both parties, the court observed that the applicant had added a particular dress to the person in the cartoon, indicating that she wanted to communicate that the offence was committed by a person belonging to a particular ideology or religious group. The court further observed that this was a clear case of attempting to disrupt harmony and provoke feelings of enmity, hatred, or ill-will.

The court stated that while an artist must have the liberty to criticize through satire, adding a particular dress in the cartoon cannot be considered satire. The attempt to involve a group of a particular ideology or religion without any basis would not come within the purview of the right to free speech and expression, which is subject to reasonable restrictions.

Referring to the Supreme Court's decision in Amish Devgan v. Union of India, the court observed that the addition of a particular dress was indicative of Rathore's intention to communicate that the offence was committed by a person belonging to a particular ideology, which would amount to an attempt to promote disharmony or ill-will between different groups.

In light of these observations, the court concluded that no case was made out for interference and dismissed the application filed by folk singer Neha Singh Rathore. 

[Read Order]



Share this article:

About:

Legal Content Writer



Leave a feedback about this
Related Posts
View All

Madhya Pradesh High Court has ordered filing of complaint against petitioner for submitting fabricated documents Madhya Pradesh High Court has ordered filing of complaint against petitioner for submitting fabricated documents

The Court pointed out one medical document in particular, wherein there was mentioning of labour pains and contradicted that since petitioner is a male, it makes no sense. In view of the above, the Court opined that the Petitioner unabashedly filed fake documents with utter disdain and disregard for the Court.

Glorification of Women versus Belligerent Female Foeticide in India Glorification of Women versus Belligerent Female Foeticide in India

In Voluntary Health Assn. of Punjab v. Union of India, (2013) 4 SCC 1, the Supreme Court in its watershed judgment on female foeticide decided it to be the most aggravated form of dehumanization of the human race. The court was observed to have stated that the "Law prohibits it; Scriptures forbid it; philosophy condemns it; ethics deprecate it; morality decries it, and social science abhors it.” It’s time the executive pulled up its socks and tightened the noose around implementation of the PC & PNDT Act. The duality around women with exhalation of deities and contrasting blatant disregard for their basic human rights needs to break the confounds of mere academic debate and reinforce the tenets on which the Constitution of India rests.

High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video] High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video]

Madhya Pradesh High Court's decision regarding Ganga Jamuna School: Principal and teacher prohibited from enforcing 'hijab' on students of Hindu and Jain faiths. Learn about the court's directives and the case details.

Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case

The Supreme Court of India overturns Madhya Pradesh High Court's decision, ordering the appointment of a woman who was previously denied the position of Civil Judge (Junior Division) due to a past minor offence related to a dog bite case. The Court emphasizes fairness and justice in its landmark ruling.

TRENDING NEWS

gujarat-hc-judge-to-watch-maharaj-to-decide-plea-for-stay-on-release
Trending Judiciary
Gujarat HC judge to watch 'Maharaj', to decide plea for stay on release

Gujarat HC to watch Junaid Khan’s movie “Maharaj” to decide on release stay plea. The film’s release was postponed due to concerns from Pushtimarg sect devotees.

20 June, 2024 12:26 PM
sc-orders-cbi-probe-into-neet-ug-irregularities-stays-hc-proceedings-while-refusing-to-stay-counselling
Trending Judiciary
SC orders CBI probe into NEET UG irregularities, stays HC proceedings while refusing to stay counselling

The Supreme Court suspends NEET UG 2024 HC proceedings, refuses to stay counselling; issues notice for CBI probe into exam irregularities.

20 June, 2024 01:43 PM

TOP STORIES

india-tv-journalist-rajat-sharma-sues-congress-leaders-for-defamation
Trending Judiciary
India TV journalist Rajat Sharma sues Congress leaders for defamation

Veteran journalist Rajat Sharma sues Congress leaders for defamation in Delhi HC, alleging tweets damaged his 40-year reputation. Justice Krishna reserves order.

15 June, 2024 12:09 PM
miscreants-scribble-ram-on-goat-headed-for-bakri-eid-sacrifice-gau-gyan-foundation-demands-action
Trending Crime, Police And Law
Miscreants scribble "Ram" on goat headed for Bakri Eid sacrifice, 'Gau Gyan Foundation' demands action

Miscreants scribble 'Ram' on goat headed for Bakri Eid sacrifice in Mumbai, animal welfare organization Gau Gyan Foundation demands police action for hurting religious sentiments.

15 June, 2024 05:49 PM
offence-committed-outside-india-by-indian-citizen-requires-centres-sanction-us-188-crpc-for-trial-in-india-kerala-hc
Trending Judiciary
Offence committed outside India by Indian citizen requires centre’s sanction U/S 188 CrPC for trial in India: Kerala HC [Read Order]

Kerala HC quashes proceedings against a husband for cruelty committed in Australia, citing lack of Centre’s sanction under Section 188 CrPC for trial in India.

15 June, 2024 06:06 PM
women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email