P&H High Court Stays Trial Against Actor Rajkummar Rao Booked For Allegedly Hurting Religious Sentiments During Film Promotion

The Punjab and Haryana High Court has stayed proceedings agajnst Bollywood actor Rajkumar Rao in a plea 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 recently had surrendered before Jalandhar Court and was granted bail in the case.Justice Yashvir Singh Rathor while adjourning the case to December 10, said, “Meanwhile, further proceedings before the trial Court shall remain stayed qua the petitioner.”Senior Advocate Puneet Bali argued that, the Central Board of Film Certification (CBFC) which is a statutory body constituted under Cinematograph Act, 1952 has duly reviewed and certified the film in question for public exhibition after scrutiny of films' contents including scenes in which petitioner is depicted, dressed as Lord Shiva or is seen driving/ seated on a motor-cycle.It was further contended that, image in question must be critically examined within the ambit of artistic expression and creating freedom, rather than viewed as an act with intent to insult religious beliefs and the depiction falls squarely within the protected domain of artistic expression under Article 19(1)(a) of the Constitution and criminal prosecution cannot be sustained on the basis of a reaction of an individual or a group of individuals when the responsible statutory authority, after thorough examination has not found any objectionable or offensive content warranting deletion or prohibition.On the other hand, the State Counsel argued that no doubt, the film makers and performers have got a fundamental right under Article 19(1)(a) of the Constitution which ensures freedom of expression to them but the said freedom is subject to censorship and certain restrictions which they are required to follow so that religious sentiments of the public are not hurt. By portraying Lord Shiva in a cartoonist manner, the religious sentiments of a vast population of Hindus have been hurt and petition deserves to be rejected.Mr. Puneet Bali, Senior Advocate with Mr. Tejeshwar Singh, Advocate for the petitioner.Mr. G.S. Dhaliwal, AAG, Punjab and Mr. Rahul Jindal, AAG, Punjab.Title: Rajkumar Yadav @ Raj Kumar Yadav @ Rajkummar Rao v. State of Punjab and anotherClick here to read/download the order

P&H High Court Stays Trial Against Actor Rajkummar Rao Booked For Allegedly Hurting Religious Sentiments During Film Promotion

Aiman J. Chishti

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