Allegations do not disclose offence of "outraging religious sentiments": Bombay High Court quashes FIR against musician over song lyrics

The Bombay High Court has quashed a First Information Report (FIR) against a 22-year-old musician Alison Gomes, booked for offences of outraging religious feelings (Alison Gomes v. State of Goa & Ors.)..The Goa Bench of the High Court held that the allegations raised do not seem to make out the offence..The FIR was registered based on a complaint of Clafasio Dias, a Member of the Goa Legislative Assembly alleging commission of offences punishable under Section 295-A (Deliberate acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and Section 500 (Defamation) of the Indian Penal Code, 1860 (IPC)..A Bench of SP Deshmukh and MS Sonak held that even if the allegations are genuine or otherwise, "even then the allegations do not disclose the commission of a cognizable offense under Section 295A of IPC". In such circumstances, the Court held that permitting the police authorities to investigate further would amount to an abuse of the criminal process."The mere incantation of the expressions like 'hurting and outraging religious feelings of the Christian Community with deliberate and malicious intentions' does not spell out the ingredients of Section 295-A of IPC," the order recorded. .Dias claimed that a song by the 22-year old musician (the petitioner) named "Dongi MLA" which was published on YouTube, deliberately and maliciously hurt and outraged the religious feelings of Christian community of Cuncolim, Quepem.The rest of the allegations in the complaint were that the statements in the song were false and defamatory and made with a deliberate and malicious intention of hurting and outraging the religious feelings of the community..The Court was also informed about another order of the High Court in which the Bench had observed that "police should be sensitive when registering the offence of outraging religious sentiments as freedom of speech and expression is at stake, quashing FIR against members of a music band..Police should be sensitive when freedom of speech is at stake: Bombay HC quashes FIR against music band accused of hurting religious sentiments.The Court observed that the allegations at the most may relate to the Dias allegedly undertaking some activities contrary to his religious beliefs, but there was nothing which suggested "outraging religious feelings". "The alleged outraging of any feelings of Respondent no.3 (Dias) or the alleged insults or attempts to insult him is not the same thing as outraging the religious feelings of the Christians in general or insulting or attempting to insult the Christian religion or the Christian religious beliefs, in particular," the Court observed. .Observing that the police exceeded its jurisdiction in registering an FIR under Section 295A, the Court quashed the FIR. .Advocate Kaif Noorani appearing for Dias however, argued that the complaint prima facie disclosed the ingredients of offence of criminal defamation punishable under Section 500 of IPC which the Court conceded to.However, the police had no jurisdiction to register an FIR against a non-cognizable offence or undertake investigations without the order of the Magistrate. .The Court, therefore, clarified that Dias had liberty to initiate appropriate proceedings in the context of his allegations against Gomes involving offence under Section 500 of IPC. .Advocate Ryan Menezes appeared for Gomes along with Advocates Gina Almeida and Nigel Fernandes..[Read judgment]