FIR over Sabarimala parody song may not stand, say legal experts

THIRUVANANTHAPURAM: The FIR registered against a parody song released during the local body election campaign, referring to the alleged Sabarimala gold theft, may itself turn out to be another parody. Legal experts say the case is unlikely to stand in court.

The FIR states that the song insulted Ayyappa devotional songs and the “sharanam” chant, and attempted to create religious hatred and disturb communal harmony. Based on this, the police booked the accused under Sections 299 (hurting religious sentiments) and 353(1)(c) (creating enmity in society) of the Bharatiya Nyaya Sanhita. These sections carry a punishment of up to three years in prison and a fine. However, legal experts say the case can be dismissed at the preliminary stage itself.

After the case was registered, several parody songs mocking the alleged gold theft have been widely shared on social media. If the court quashes the case, these songs may be used by the Opposition as campaign material during the Assembly elections.

Legal experts point out that hurting religious sentiments applies only if Ayyappa or the beliefs of Sabarimala are directly insulted. They say parody songs fall under the freedom of speech and expression guaranteed by Article 19(1)(a) of the Indian Constitution. Therefore, a case under Section 299 of the Bharatiya Nyaya Sanhita is unlikely to stand.

The government has clarified that the case was not registered on its own initiative, but that the police acted on a complaint they received. The Thiruvananthapuram Cyber Police registered the case against lyricist G.P. Kunjabdulla, singer Danish, CMS Media, which filmed the song, and producer Subair Pantalloor.

Former judge Justice B. Kemal Pasha said the charge of creating religious hatred would not stand, as the song only mentions facts related to the alleged gold theft and does not insult Lord Ayyappa. He said the accused can approach the court seeking to quash the FIR.

Former Director General of Prosecution T. Asaf Ali also said the charge of insulting religious faith would not hold in this case, and that the song does not come under election code violations.