The Bombay High Court has stated that intolerance and opposition from traditional views have been a problem in Indian society, quoting author A G Noorani, while dismissing a complaint against singer Kailash Kher for allegedly offending religious sentiments with his song on Bhagwan Shiva.

A division bench of Justices Bharati Danger and S C Chandak ruled that Kher had no intention to deliberately hurt anyone’s religious feelings. He simply sang the song "Babam Bam" without any malicious intent. A copy of the March 4 order was released on Thursday. The complaint was filed by Narinder Makkar in a local Ludhiana court, requesting that a case be registered against the singer under IPC sections 295A and 298 for intentionally and maliciously hurting religious sentiments. The complainant, who identified as a devotee of Bhagwan Shiva, alleged that Kher's song 'Bam Bam' portrayed a vulgar video featuring scantily dressed women and people kissing. However, the High Court dismissed the complaint filed before the Ilaka Judicial Magistrate in Ludhiana, stating that the song's lyrics were simply a tribute to Bhagwan Shiva and highlighted his powerful qualities.

"Every action which may be to the dislike of a class of people may not necessarily lead to outraging religious sentiments," the court said. The bench referred to author A.G. Noorani, stating that intolerance towards differing views has troubled Indian society for centuries. However, the bench emphasised that what sets a free society apart is not just tolerating dissent but fully accepting the right to express it. In its order, the bench clarified that for an act to be considered an offence under IPC Section 295A, there must be a deliberate attempt to insult or hurt someone's religious sentiments. "The offence is not made out against Kher as there is no deliberate and malicious intention on his part, who is just singing the song," HC said.

Kher approached the High Court in 2014 after a complaint was filed against him in a Ludhiana court in Punjab. The High Court granted interim relief, directing that no coercive action be taken against the singer. In his petition, filed through advocate Ashok Sarogi, Kher stated that he was merely the singer of the song, while another company, in collaboration with Sony Music Entertainment, had choreographed the video. Sarogi also argued that the video was released only after receiving clearance from the Central Board of Film Certification.