Text Credits: Shibul Pavithran 

The Supreme Court on Friday revoked an FIR lodged against actor Priya Prakash Varrier for allegedly hurting sentiments of the Muslim community after a clip of her song in an upcoming Malayalam movie Oru Adaar Love, in which she was seen winking, went viral on the social media. The court also pointed at the complainant and stated that the FIR was lodged “to gain mileage”.

An FIR was lodged against Varrier on February 14 at Falaknama police station in Hyderabad on a complaint that alleged that the song hurt the religious sentiments. On the same day, a criminal complaint was also filed by the Secretary of Raza Academy, Mumbai, with the Commissioner of Police seeking action against the petitioners, taking down the video and preventing it from being broadcast, she had said. The 18-year old actress (Priya Prakash Varrier), Omar Abdul Vahab (director) and Joseph Valekunzhy Eapen (producer) had petitioned the apex court through lawyers Harris Beeran and Pallavi Pratap to protect their right to speech and expression. After which the Supreme Court on February 21, 2018 stayed all criminal proceedings against Varrier in some states, filed on the grounds that a song from her film allegedly hurt the sentiments of some muslim communities.

“No complaint would be entertained against the actress or the filmmakers because of picturisation of this song”, the court said. A bench led by Chief Justice of India, Dipak Misra also restrained filing of fresh complaints against the actress or the filmmakers under section 295A of Indian Penal Code that punishes any act intended to insult religious sentiments of a religious group. The  complainers allegedly claimed that the newly-picturised song hurts their sentiments as it had been sung among Malabar Mappila Muslim community for centuries in praise of the love between Prophet Mohammed and his wife.

“Somebody is acting or singing. What business does anyone have to file an FIR,” the CJI asked. The CJI then demanded to know what was the charge made against the artistes in the FIR. The charge, he was told, was 295A, deliberate and malicious acts to outrage religious feelings. “Even if it’s (winking scene) true, it does not come within the ambit and sweep of section 295A,” the court said. It added the emphasis in the law is on the aggravated form of insult to religion when it’s perpetrated with a malicious intention. The enthusiastic informant, court said, got the FIR registered to gain mileage.

“We allow the writ petition of Varrier and others and quash the FIR lodged against them in Telangana and further direct no FIR or any complaint under Section 200 of CrPC will be entertained against the petitioners for picturisation of the song in question,” the bench said.

Soon after the song, Manikya Malaraya Poovi was released, Priya shined through as a social media star and starting trending on top charts on every social media platform. From emerging as the most googled celebrity in that particular week to gaining more than 2 million followers on her official Instagram account, the unbelievable charm of Priya’s wink was absolutely unbeatable, she even surpassed the popularity of Sunny Leone and Mark Zuckerberg on social media platforms in the month of February when her song was released, as per web analytics. There were zillions of GIFs, memes, Watsapp videos and crazy fan following which followed the rise of the internet sensation, even national level politician like Rahul Gandhi was influenced by her wink effect; Rahul surprised one and all with his wink in the Parliament, when he winked at Narendra Modi in the Parliament session.

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