PANAJI
The Bombay High Court at Goa has quashed the FIR that the Police had filed against tiatrist and singer Alison Gomes, who goes by the stage name Alison de Curtorim saying that no case was made out.
Gomes was booked by the Police for outraging religious sentiments based on a police complaint filed by Cuncolim MLA Clafasio Dias who alleged that the song ‘Dongi (hypocrite) MLA’ contained lyrics that outraged religious feeling as it referred to alleged acts of desecration of religious places.
Gomes, who had earlier secured anticipatory bail, now sought quashing of the FIR claiming that even if the allegations made in the complaint are taken at their face value, none of the ingredients of Section 295-A of IPC are made out or attracted.
“In the absence of essential predicates of any cognizable offence having been set out, the very registration of FIR is an exercise in excess of power and amounts to the abuse of the criminal process. There is nothing even remotely stated in the complaint or for that matter in the song composed and presented to attract the provisions of Section 295-A of IPC,” Adv Ryan Menezes who represented Gomes, said.
“Only because [the complainant] is an MLA, that the Goa Police proceeded to register an FIR even though the complaint and the song on which the complaint is based do not even remotely attract the predicates of Section 295-A of IPC,” he argued.
On behalf of the complainant MLA, Adv Kaif Noorani argued that the investigations are at a nascent stage and, therefore, the FIR/complaint may not be quashed.
“The petitioner’s (Gomes’) actions were with the deliberate and malicious intentions of hurting and outraging the religious feelings of the Christian community in the State of Goa as well as internationally,” he argued saying that the petition should be dismissed.
The MLA in his complaint made special reference to the second verse, which refers to him demolishing Crosses at night and rebuilding them in the day to gain the sympathy of the people; and invoking the name of Jesus and Mary and lying, and swearing the Church that he will never leave the Congress and join the BJP.
However, the court was not convinced that the complaint amounted to “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”
We are quite satisfied that even if all the allegations in the complaint/FIR are taken at their face value, they do not disclose the commission of an offence under Section 295-A of IPC. 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. Besides, there is nothing in the song “Dongi MLA” or the verse on which emphasis was laid to attract the ingredients of Section 295-A of IPC,” the High Court bench of Justices Sunil Deshmukh and M S Sonak, said.
“The song ‘Dongi MLA’ or the passage which was emphasized upon simply alleges that [Dias] demolished Crosses at night and rebuilt them in the day to gain the sympathy of the people; in his meetings took the name of Jesus and Mary, but lied; swore in Church that he will never leave the Congress and join BJP. Now even if all these allegations are accepted at their face value, they do not even remotely point out the ingredients of Section 295-A of IPC,” the Court said.
“The aforesaid allegations do not insult or attempt to insult the religion or religious beliefs of the Christians as alleged. In fact, none of the statements is even remotely concerned with Christianity or Christian beliefs. The allegations, at the highest, may relate to Dias allegedly undertaking some activities or committing some acts contrary to his religious beliefs. There is nothing in the allegations, even remotely suggestive of any intent of outraging religious feelings of any class of citizens of India,” the Court said.
“The alleged outraging of any feelings of 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 said.
“The police authorities exceeded their jurisdiction in registering an FIR under Section 295-A of IPC against the Petitioner,” the court finally said.
