The Karnataka High Court on Tuesday expressed strong displeasure over the depiction of Hindu deities in an episode of the Kannada comedy show Comedy Khiladigalu, aired on Zee Kannada, observing that freedom of expression cannot be exercised at the cost of others’ religious sentiments.
Justice M Nagaprasanna, while hearing a petition filed by Zee and the show’s representatives seeking protection from coercive action, remarked that comic expression does not give a licence to portray gods and mythological figures in a derogatory manner.
“So under the garb of free speech, you can do anything you want?” the judge asked during the hearing.
The court took serious note of the contents of the complaint and questioned the manner in which Lord Krishna and Draupadi were allegedly depicted in the episode.
“You do not deserve any indulgence. Such people do not deserve any indulgence who display gods and mythological figures as useless. In the name of comedy, anything is happening in this country. Free speech. Is this the way?” Justice Nagaprasanna observed.
Senior Advocate Sandesh Chouta, appearing for the showrunners, submitted that the episode did not involve a direct portrayal of Hindu deities. He argued that the scene showed fictional villagers rehearsing a play based on an episode from the Mahabharata and that the comedy arose from the rehearsal itself.
“These characters are rehearsing for a play. That is what is shown. The series has been running for five seasons and it was not intended to hurt religious sentiments,” Chouta said.
“What else is it then?” the judge retorted.
Chouta also pointed out alleged procedural lapses by the police, stating that the complaint was initially filed in Hubli and later transferred to Bengaluru without a mandatory preliminary inquiry.
Responding to this, Justice Nagaprasanna remarked that many cases fail due to procedural lapses and questioned whether such loopholes were deliberate.
“All cases are closed because of procedure not being followed by the prosecution. Every case, you leave a loophole. Whether it is deliberate or not, who knows,” the judge said.
The counsel further relied on a Supreme Court ruling to argue that safeguards were required before registering a case alleging promotion of enmity between religious groups.
Despite its strong observations, the High Court granted interim relief to the petitioners. It directed that no coercive steps be taken against them, including arrest, provided they cooperate with the investigation.
“Petitioners shall participate in the investigation. The prosecution shall not take any coercive steps against them till the next date of hearing,” the court ordered.
The judge, however, cautioned that excessive liberty in the name of comedy cannot be justified.
“Comedy is welcome, but not at the cost of somebody else,” the court said, adding that if procedural violations exist, the accused can seek appropriate legal remedies.
The matter has been listed for further hearing on February 20.
