SC relief for Kerala’s winking sensation
NEWDELHI: The Supreme Court on Friday quashed a criminal case registered against Malayalam actress Priya Prakash Varrier for her winking scene in yet-to be-released movie Oru Adaar Love after holding that the picturisation of the popular folk song dedicated to Prophet Mohammad and his wife did not offend the sentiments of anybody.
No complaint would be entertained against the actress or the filmmakers because of picturisation of this song, a bench led by Chief Justice of India Dipak Misra also said as it restrained filing of fresh complaints against the actress or the filmmakers under section 295A of the Indian Penal Code that punishes any act intended to insult sentiments of a religious group.
Varrier, the director and producer of the movie were booked under section 295A at the Falaknama police station, Hyderabad, Telangana on February 14, 2018, hours after the video clip of the winking scene from the movie became a rage on the social media.
The case was lodged at the behest of one M.A. Muqeeth Khan, who alleged the song offended the sentiments of a particular community.
Before the court, Khan’s advocate said his grievance was with regard to the manner of picturization and called it blasphemous. “Such an allegation (blasphemy), even if it is true, would not come within the ambit and sweep of Section 295A IPC,” the bench said, while quoting the provision and an earlier constitution bench judgement that upheld the validity of the law. The emphasis in the law is on the aggravated form of insult to religion when it’s perpetrated with a malicious intention.