The Bank of the Supreme Court of Bombay, Goa, has overturned an FIR against a musician charged with alleged outrage of Christian religious beliefs. The court ruled that the prosecution did not disclose the commission of an identifiable crime under Section 295A of the Indian Criminal Code (IPC).
What was the case?
In June of this year, Clafasio Dias, a member of the Goa Legislative Assembly, filed a complaint against musician Alison Gomes, 22, for allegedly insulting the faith of the Christian community through a song “Dongi MLA” published on YouTube.
Subsequently, an FIR was registered against Gomes under Section 295-A (Deliberate Acts aimed at inciting religious sentiments of any class by insulting their religion or belief) and Section 500 (Defamation) of the Indian Criminal Code of 1860 (IPC).
Dias ‘attorney Kaif Noorani argued that Gomes’ actions were premeditated and that he had malicious intent to offend and outrage the religious sentiments of the Christian community in Goa and internationally.
What did the court say?
Judges SP Deshmukh and MS Sonak found that even if the allegations were real or not, they did not disclose the commission of an identifiable offense under Section 295A of the IPC. In such circumstances, the court found that allowing the police to investigate further would be an abuse of the criminal process.
“The mere invocation of expressions such as ‘hurt and indignation of the religious sentiments of the Christian community with willful and malicious intent’ does not describe the components of Section 295-A of the IPC,” the court said in its ruling.
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Citing an earlier Supreme Court ruling, the bank found that the police should be sensitive on such matters as freedom of expression itself is at stake. In this case, too, the court had put down the FIR against members of a band, the bank said.
The bank noted that the allegations could only relate to Dias, who allegedly engaged in some activities that contradicted his religious beliefs, but there was nothing to suggest “outrageous religious feelings”.
“The alleged outrage of any feelings from Dias, or the alleged insults or attempts to insult him, is not the same as the outrage of the religious feelings of Christians in general, or the insult or attempt to endorse the Christian religion or belief in particular insult, ”remarked the bank.
Attorney Kaif Noorani, representing Clafasio Dias, argued that the complaint, at least at first glance, revealed the elements of the offense that was punishable under Section 500 of the IPC and that the court allowed. However, the police were not authorized to register an FIR against an undetectable criminal offense or to conduct an investigation without the order of the magistrate.
The court clarified that Clafasio Dias is free to initiate appropriate proceedings in connection with his allegations against Gomes relating to a criminal offense under Section 500 IPC.
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