Mumbai: Intolerance and dissent from the orthodoxy have been a bane of Indian society, the Bombay High Court said, quoting author A G Noorani, while quashing a complaint against singer Kailash Kher for allegedly hurting religious sentiments with a song on Lord Shiva.

A division bench of Justices Bharati Danger and S C Chandak said there was no deliberate or malicious intent on Kher’s part, who had only sung the song ‘Babam Bam’, to hurt anyone’s religious sentiments or feelings.

A copy of the order of March 4 was made available on Thursday,

The complaint was filed by one Narinder Makkar before a local court in Ludhiana seeking registration of a case against the singer under Indian Penal Code sections 295A and 298, concerning outraging religious feelings with deliberate and malicious intent.

The complainant claimed to be a Shiva worshiper and said Kher’s song ‘Babam Bam’ on Lord Shiva depicted a vulgar video showing scantily dressed women and people kissing.

The high court while quashing the complaint filed before the Ilaka judicial magistrate in Ludhiana said the lyrics of the song sung by Kher is nothing but praise of Lord Shiva and the attributes of his mighty character.

“Every action which may be to the dislike of a class of people may not necessarily lead to outraging religious sentiments,” the court said.

The bench quoted author A G Noorani and said, “Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for centuries.

But it is precisely in the ready acceptance of the right to dissent as distinct from its mere tolerance, that a free society distinguishes itself.”

In the order, the bench said that to attract the offence under IPC section 295A, there has to be a deliberate attempt by the person to outrage someone’s religious feelings.

The court said the only accusation against Kher is that he is dancing with some scantily dressed girls in the video which according to the complainant is vulgar and hence hurt his religious feelings and emotions.

The offence is not made out against Kher as there is no deliberate and malicious intention on his part, who is just singing the song, HC said.

Kher had moved HC in 2014 when the complaint was lodged in the Ludhiana court in Punjab. At that time, the HC had in an interim relief said no coercive action should be taken against the singer.

In his plea filed through advocate Ashok Sarogi, Kher said he was only the singer of the song and that the video was choreographed by another company through Sony Music Entertainment.

Sarogi had argued that the video of the song was released only after it was granted clearance by the Central Board of Film Certification.

Mumbai: Transport Minister Pratap Sarnaik on Wednesday told the assembly that four officials have been suspended and 22 security guards transferred following the incident of assault on a woman at Swargate bus station in Thane.

Sarnaik informed that the incident occurred a few days ago inside a Shivshahi ST bus at Swargate bus station. The victim filed a complaint at the Swargate police station, prompting the government to take serious note of the matter. Orders for an inquiry were issued to the vice chairman and managing director of the state transport corporation.

Based on the inquiry report, senior depot manager Jayesh Patil, junior depot manager Pallavi Patil, assistant traffic inspector Sunil Yele, and assistant traffic superintendent Mohini Dhage have been suspended for negligence in ensuring passenger safety. Additionally, 22 security guards stationed at Swargate have been transferred.

The minister warned that any future lapses in ensuring the safety of female passengers would lead to strict action against the responsible officers and staff.

New Delhi, March 13: The Economic Offences Wing (EOW) of the Mumbai Police is investigating a major financial fraud involving the New India Cooperative Bank, which has reportedly seen a Rs 122 crore embezzlement.

The investigation has revealed that former bank president Hiren Bhanu, who is wanted in the case, along with his wife Gauri Bhanu, the bank’s current acting president, and vice president, have purchased multiple properties between 2019 and 2024.

A police official stated that during this period, Rs 122 crore was embezzled from the bank, raising suspicions that the properties acquired by the Bhanu couple may be proceeds of crime.

The EOW is now focussing on investigating these properties as part of their probe into the financial scam. The police are exploring the use of new provisions under the BNSS (Bureau of Non-Specific Financial Crime) Act to seize the assets of the fugitives, as the Maharashtra Control of Organised Crime Act (MCOCA) cannot be applied in this case.

The official further elaborated, “We are examining how these properties can be seized, considering that MCOCA does not apply. We are also exploring if the MCOCA provisions can be added to the FIR.”

According to the investigation, just before the scam came to light, the couple fled the country, and in the period between 2019 and 2024, Hiren Bhanu reportedly acquired assets worth Rs 10-12 crore in Mumbai and its outskirts.

The EOW has been closely monitoring these properties, which are now under scrutiny to assess whether they were purchased with the stolen funds. The police are considering invoking BNSS Section 107 (related to property attachment, confiscation, or restoration) to seize the assets, as this provision gives law enforcement the authority to confiscate properties when specific Acts like MCOCA cannot be applied.

This investigation is ongoing, and the EOW is working to ensure that the proceeds of the crime are properly recovered, while also ensuring accountability for the Bhanu couple’s actions in the ongoing Rs 122 crore bank scam.