The Punjab and Haryana High Court has quashed a criminal case registered against the creators and cast of the 2023 film “Yaariyan 2,” ruling that featuring an actor wearing a ceremonial dagger in a music video was an exercise of artistic liberty rather than an intentional insult to religious sentiments.
Justice Shalini Singh Nagpal held that the legal threshold for deliberately outraging religious feelings was not met, observing that an ordinary and reasonable person would not view the depiction as grossly offensive or provocative. Addressing the nature of the protest, the bench stated that an objection voiced by a single member of a faith cannot be regarded as representing the views of the entire community. The court added that showing an individual who is not an initiated Sikh wearing a sacred dagger is an inadvertent creative choice rather than a malicious effort to hurt religious beliefs.
Allegations in the Complaint
The dispute stems from a promotional song released on YouTube by music company T-Series. A complainant filed a first information report stating that actor Neezaan Jafri appeared clean-shaven and wore a Sri Sahib around his neck without a turban, contrary to traditional Sikh practices.
According to the complaint, the Sri Sahib is one of the five mandatory articles of faith, known as Kakaars, which can only be carried by initiated Amritdhari Sikhs. The complainant alleged that directors Radhika Rao and Vinay Sapru, producer Bhushan Kumar, and Jafri acted deliberately to hurt the religious sentiments of the community.
Arguments by the Defense and Prosecution
Counsel for the filmmakers and actor maintained that the depiction carried no derogatory meaning and was never intended to insult the Sikh faith. The defense submitted that the portrayal resulted from an unfamiliarity with specific customs rather than malice, falling well within the bounds of creative freedom. They noted that the visuals were promptly deleted from the song, an apology had been tendered with an assurance against future recurrence, and an identical earlier FIR over the same incident made the current case unsustainable.
Opposing the petition, Deputy Attorney General Hardeep Singh Wadhwa contended that depicting a clean-shaven actor wearing the sacred symbol around his neck without a turban caused genuine offense to the complainant and the Sikh community. He argued that the director, producer, and actor remained liable for prosecution and that the investigation should not be terminated at its initial stage.
Court’s Findings
The High Court dismissed the prosecution’s objections, concluding that the essential element of deliberate or malicious intent to insult religious beliefs was absent. Finding that the charge could not be established, the court quashed the FIR and all consequential legal proceedings against the filmmakers in the interest of justice and good faith.
