Bombay HC Quashes FIR Against Shekhar Suman, Bharti Singh Over ‘Rasgulla, Dahi Bhalla’ Joke, Sparking Fresh Free Speech Debate

The Bombay High Court has quashed a 2010 FIR filed against actors Shekhar Suman and Bharti Singh over alleged objectionable remarks made during a television comedy show aired on Sony Entertainment Television.

Court Finds No Malicious Intent in Comedy Act

The FIR, registered at Pydhonie Police Station, was based on a complaint claiming that expressions such as “Ya Allah! Rasgulla! Dahi Bhalla!” used in an episode of Comedy Circus Ka Jadoo had hurt religious sentiments. The complaint invoked Section 295-A along with Section 34 of the Indian Penal Code.

In its order pronounced on April 29, the High Court held that the show was a “family entertainment programme” and that the expressions were part of a scripted humorous performance, without any deliberate or malicious intent to offend religious feelings. The court stressed that Section 295-A requires the presence of “deliberate and malicious intention” to insult religious beliefs and noted that such essential ingredients were missing in this case.

“It is asserted that the said programme was not intended to cause offence or hurt the sentiments of any religion, caste, community, or section of society,” the court said, adding that stray expressions in a performance cannot be read in isolation.

FIR Background and Legal Observations

“It is further submitted that prior to September 2010, the programme “Comedy Circus Ka Jadoo” was telecast under the broader title “Comedy Circus”, which has been aired on SET since the year 2007 under various formats such as “Comedy Circus Ke Superstar”, “Comedy Circus Teen Ka Tadka”, and others, with certain modifications in presentation. The essential format of the programme consists of pairs or groups of performers, generally comprising two or three artists, who perform acts across episodes, which are then evaluated by judges appointed for that purpose,” as per the order.

According to the police, the complaint was filed by Mohd. Imran Dadani Rasabi, who alleged that an episode aired on November 20, 2010, around 9 pm contained phrases including “Ya Allah! Rasgulla! Dahi Bhalla!”, which were perceived to have offended members of the Muslim community. This led to the registration of the FIR at Pydhonie Police Station.

The bench further observed that terms like “Rasgulla” and “Dahi Bhalla” are commonly known food items with no religious connotation, and their use in a rhyming comedic context could not reasonably be seen as promoting religious hatred. The court also noted the absence of shared criminal intent under Section 34 IPC and stated that continuing the case would amount to an abuse of the legal process.

The petitioners also argued that prior sanction under Section 196 of the Code of Criminal Procedure was mandatory for prosecution under Section 295-A, which had not been obtained. Accepting these arguments, the High Court quashed the FIR and all related proceedings, ruling that the case lacked a valid legal basis.

All Inputs From ANI.

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