BOMBAY HC CRITICIZES GOA POLICE FOR BOOKING MUSICIANS FOR HURTING RELIGIOUS FEELINGS BASED ON VAGUE COMPLAINT

12th April 2021

The Goa Bench of Bombay HC quashed an FIR registered by Goa Police against an art-rock band for using 'OM' following 'Ullu ka Patta', amounting to insulting religion and religious beliefs.

FACTS

The Petitioners are members of an art-rock band live performance project known as “Dastaan LIVE''. On the night of 17.12.2019, the Petitioners performed at the Serendipity Arts Festival at Panaji, Goa. One such song performed by the Petitioners' band was the “Mantra Kavita”, originally composed in 1969 by Baba Nagarjun (two times Sahitya Akademi Awards). The Petitioners were called to the Panaji Police Station and were informed that some person named K. Venkat Krishna had complained about their band. They were called to issue an apology. The Petitioners instituted a Petition. They sought for quashing of FIR contending that the complaint does not disclose the commission of any offences under section 295-A r/w section 34 of the IPC, and therefore, this is a case of abuse of the criminal process. 

DECISION

The Court held that " The Petitioners were unnecessarily arrested because they refused to tender any apology at the Police Station. The Police authorities are expected to be quite sensitive in such matters because what is at stake is the freedom of speech and expression. Therefore, unless the complaint discloses the ingredients of the offence under section 295-A of IPC, it is not expected of the Police authorities to register an FIR in such cases.

Author: Papiha Ghoshal

PC - Rolling Stone India