Humorous rhyming exclamations in comedy entertainment lack deliberate malicious intent to outrage religious feelings; prior governmental sanction mandatory for offences under Section 295A IPC.

ORDER:

1. Inasmuch as both the present writ petitions emanate from an identical factual matrix and give rise to common questions of law, this Court considers it appropriate and expedient to dispose of the same by a common order.

2. The present Criminal Writ Petitions are instituted by the Petitioners laying challenge to the registration of First Information Reports bearing C.R. No. 265 of 2010 dated 27 November 2010, registered with Pydhonie Police Station, for the alleged offences punishable under Section 295-A read with Section 34 of the Indian Penal Code.

3. The factual background, giving rise to the present petitions, in brief, is thus. The impugned FIR came to be registered pursuant to a complaint lodged by one Mr. Mohd. Imran Dadani Rasabi, who claims to be the President of Raza Academy. The Petitioner in Writ Petition No. 1902 of 2012 was, at the relevant time, functioning as a Judge in a programme telecast on Sony Entertainment Television, hereinafter referred to as “SET”. The Petitioner in Writ Petition No. 1906 of 2012 was participating as a performing artist in a programme broadcast on the said channel. The FIR further refers to Multi Screen Media Private Limited, hereinafter referred to as “MSM”, as a company incorporated in India, having its registered office at Malad, Mumbai, which acts as the exclusive distributor within India of channels owned by MSM Satellite (Singapore) Pvt. Ltd., hereinafter referred to as “MSM Singapore”, a company incorporated under the laws of Singapore and having its registered office therein. It is further stated that MSM Singapore owns and operates the television channel known as “Sony Entertainment Television”, which is uplinked from Singapore and thereafter downlinked and exhibited in India as well as in other jurisdictions. Various programmes broadcast on the said channel are produced by different production houses and are conceptualized, written and directed by different individuals. One such programme, titled “Comedy Circus Ka Jadoo”, was telecast on SET and is described as a family-oriented entertainment programme, having no nexus with real-life incidents or contemporary public affairs. The primary objective of the said channel is to provide general entertainment to viewers. The programme in question was telecast with effect from 4 September 2010 on every Friday and Saturday between 9.00 p.m. and 10.00 p.m., and consisted of comic performances rendered by various artists. 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.

4. 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. In that context, the Petitioners, being respectively a Judge and a performing artist, would participate in the programme by appreciating performances, awarding marks, and offering comments to the contestants. It is further contended that the programme is intend