March 13, 2025: The Bombay High Court has dismissed criminal proceedings against renowned singer Kailash Kher, who was accused of hurting religious sentiments through his song Babam Bam.

The complaint was filed by a Ludhiana resident who identified as a devotee of Lord Shiva. He alleged that the song contained visuals of a scantily clad woman, a couple kissing, and police officers accepting a bribe, along with a flag featuring a heart symbol being set on fire. Claiming that these elements deeply offended his religious beliefs, he filed a case in a Ludhiana Magistrate Court.

Kher had approached the Bombay High Court in 2014, seeking to quash the case. The court granted him interim relief, restraining Mumbai Police from taking any coercive action and staying any warrant issued by the Ludhiana court.

During the final hearing, the state’s Additional Public Prosecutor opposed Kher’s plea, arguing that the Bombay High Court had no jurisdiction over a case filed in Ludhiana. However, Kher’s legal team successfully countered that since the music was composed and released by Mumbai-based Sony Music Entertainment Pvt. Ltd., the case fell within the Bombay High Court’s jurisdiction.

The bench, comprising Justice Bharati Dangre and Justice Shyam C Chandak, ruled in favor of Kher, stating that the song was devotional in nature and that he had no role in its picturization. The court emphasized that for a case under Section 295A (hurting religious sentiments), there must be a "deliberate and malicious intent," which was absent in this instance.

Additionally, the judges pointed out procedural lapses, noting that legal proceedings under Section 295A require prior sanction under Section 196(1) of the CrPC, which was not obtained.

Highlighting the importance of tolerance in a democratic society, the court remarked, "Intolerance of dissent has been the bane of Indian society for centuries, but a free society distinguishes itself by its acceptance of differing views."

With this ruling, Kailash Kher has been granted complete legal relief, bringing an end to the decade-long case.