SC quashes FIR against Priya Varrier over 'wink'

Agencies
August 31, 2018

New Delhi, Aug 31: The Supreme Court on Friday quashed an FIR against actor Priya Prakash Varrier, director and the producer of Malayalam movie 'Oru Adaar Love', which alleged that the 'wink song' video had hurt the religious sentiments of the Muslim community.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the Malayalam folk song, on which the song has been picturised with Varrier, has been in the public domain since 1978 and the song video cannot be termed as blasphemous.

"We allow the writ petition of Varrier and others and quash the FIR lodged against them in Telangana and further direct no FIR or any complaint under Section 200 of CrPC will be entertained against the petitioners for picturization of the song in question," the bench said.

Referring to a constitution bench judgement and a verdict delivered in a similar case lodged against cricketer M S Dhoni, it said no offence under Section 295 A of the IPC is made out against the 18-year-old actor and others in the present case.

Section 295 A of IPC deals with deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.

The apex court had on February 21 stayed criminal proceedings against Varrier in some states, filed on the grounds that a song from her film allegedly hurt the sentiments of the Muslim community.

Varrier, who shot to fame after her 'wink video' went viral on the internet, is a B.Com student from a college in Kerala's Thrissur district. She had sought protection from an FIR lodged on complaints alleging that the lyrics of the song 'Manikya Malaraya Poovi' from the movie was "offensive" and "violated the religious sentiment of a particular community".

The actress had moved the apex court seeking quashing of the FIR lodged against her in Telangana and sought the top court's direction to prohibit states from initiating any criminal proceedings against her.

She had said that the FIR was lodged against her on February 14 at Falaknama police station in Hyderabad on a complaint that alleged that the song hurt the religious sentiment of a community.

On the same day, a criminal complaint was also filed by the Secretary of Raza Academy, Mumbai, with the Commissioner of Police seeking action against the petitioners, taking down the video and preventing it from being broadcast, she had said.

She had said the entire controversy had resulted in the filing of several criminal complaints, while the FIR arose from the lyrics of the song, which is a Mappila song or a traditional number from the Malabar region of Kerala.

Her plea had said the claims that it hurt religious sentiments of Muslims were "without any basis and what is hard to fathom is that a song which has been in existence for the past 40 years, which was written, sung and cherished by the Muslim community in Kerala is now being treated as an insult to the Prophet and his wife."

"It is submitted that a song, which .... has been cherished by more than one crore Muslim population of Kerala, cannot suddenly offend the religious sentiments of the Muslim community," it had said.

The plea had stated that criminal complaints and registration of FIRs in multiple states were filed on the basis of complaints by "fringe elements who have misunderstood the lyrics of the song which they claim allegedly offended their religious sentiments and that of their community has adversely affected the petitioners right to life, liberty and freedom of expression under the Constitution."

The plea had said the movie was then yet to be completed and about Rs. 1.5 crore have been spent on it, but such "flimsy and baseless" complaints and FIRs caused "nothing but a hindrance to freedom of speech and expression granted under Article 19(1)(a) of the Constitution" and "an outright abuse" of the legal process.

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News Network
November 26,2024

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Former minister and ex-MLC C M Ibrahim claimed that he still heads the original JD(S) and asked former prime minister and party supremo H D Deve Gowda to cut ties with the BJP, so that the party can be strengthened again. He also said options are being explored to either strengthen the JD(S) or to float a new regional party.

He was speaking to media persons, in Mysuru, on Monday, after meeting JD(S) MLA and former minister G T Deve Gowda, who has expressed his displeasure that he has been sidelined in the party and the party leaders have indicated his retirement from politics.

He stated, “If Deve Gowda had joined the Congress, during the last Assembly election, he would have been a minister now. We retained him in the JD(S), to strengthen the party. Now, efforts are being made to strangulate Deve Gowda’s political career. I have discussed all matters with Deve Gowda. In two days, I will start a Karnataka state tour and meet some leaders. After that, I will meet Deve Gowda again, and then decide on the further course of action.”

Ibrahim said, “The original JD(S) is ours. I am still its state president. All documents and accounts are in our name. Even now, if Deve Gowda leaves BJP’s company and returns, we will build the JD(S) again”.

“Union Minister H D Kumaraswamy should mend his ways and stop making JD(S) into a family-owned company. The JD(S)’s situation has become hopeless. Its love for the BJP is over. He should understand this,” he said.

“When I was with Kumaraswamy, he spent just Rs 4 crore in Channapatna and won by 20,000 votes. Now, without me, he spent Rs 150 crore and still lost by 25,000 votes. Without Muslims’ support, the JD(S) cannot win a single seat. Now, it is proved that 19 MLAs of the JD(S) won in 2023, because of Muslims,” he added.

Speaking on other options available, Ibrahim said, “We have not yet decided to go with the Congress. We are only considering to establish a third front. Whether it is founding a new regional party, forming a third front, or strengthening the JD(S), will be decided shortly.”

Earlier during the day, before meeting Deve Gowda, Ibrahim had said, that 12 to 13 JD(S) MLAs were dissatisfied with the party, but like Deve Gowda, were enduring pain.

“Now, I have started the task of uniting them. I as the JD(S) state president, it is my responsibility to address our MLAs’ grievances. At present, the JD(S) is on fire and all JD(S) MLAs want to protect their respective constituency. Hence, they have started speaking one by one,” he said.

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News Network
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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News Network
November 29,2024

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New DelhiI: The Supreme Court on Friday asked the Sambhal Shahi Jama Masjid committee to approach the Allahabad High Court and told the district court not to act until then upon a survey ordered on a claim of the mosque having built on a pre-existing temple.

A bench of Chief Justice of India Sanjiv Khanna and Sanjay Kumar directed Uttar Pradesh to maintain peace and harmony in the area, where four protesters were killed during the heavy stone pelting. The court also ordered the survey report of the advocate commissioner's report should be kept in sealed cover.

"We don't want anything to happen in the meanwhile...Let them (Shahi Jama Masjid committee) exercise appropriate remedies. We will keep this pending," the bench said.

Advocate Vishnu Shankar Jain, appearing for plaintiff Hari Shankar Jain and others submitted the next date of hearing has been fixed for January 8 before the civil judge (senior division).

Senior advocate Huzefa Ahmadi, appearing for the petitioner committee, contended the order is capable of great public mischief. He said as of 10 such suits are pending across the country where the survey is sought to be conducted.

"We hope and trust the trial court will not take any proceedings...We have not expressed any opinion on merits," the bench said, fixing the matter for consideration in the week commencing on January 6.

In case any revision application is filed, it should be heard within three days before the High Court, the bench ordered.

At the outset, the bench said it had some reservations with the order passed by the Civil Judge (senior division) on November 19.

The court told the Uttar Pradesh government represented by Additional Solicitor General K M Nataraj that the district administration has to remain neutral and maintain peace in the area.

The court directed the plaintiff not to file any papers.

It also ordered the advocate commissioner's report should be kept in a sealed cover.

The petitioner committee questioned the validity of the survey ordered within a short period, triggering violence in the area and leading to the death of four protestors.

The plea filed by the Committee of Management, Shahi Jama Masjid, Sambhal claimed "the hot haste" in which the survey was allowed and conducted all within a day and suddenly another survey was conducted after a couple of days with a notice of barely six hours that had given rise to widespread communal tensions and threatened the secular and democratic fabric of the nation.

The survey was ordered by a civil judge (senior division) on a suit filed by advocate Hari Shankar Jain and others.

According to the plaintiffs, Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing the Shri Harihar temple.

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