The Karnataka High Court on Wednesday granted interim relief to playback
singer Sonu Nigam in connection with a recent criminal case filed against him
over alleged offensive remarks made during a concert. The court directed that
no coercive action be taken against Nigam until the next date of hearing and
permitted him to appear via video conferencing if required for recording his
statement.
The case was lodged based on a complaint filed after a concert when
certain audience members, who were Kannadiga fans, had asked Nigam to perform a
song in Kannada. The complaint was that the singer seemed irritated by the way
the request was made and apparently answered with the statement, "This is
why Pahalgam happened," referencing the April 22 terror attack in Jammu
and Kashmir.
The statement was perceived as insensitive and controversial and
was criticised for its communal undertone.
On Wednesday, Nigam's lawyer, DhananjayVidyapati, argued that the
complaint had been driven by publicity and was legally unfounded under Section
505 of the Indian Penal Code pertaining to public mischief. He contended that
the incident was isolated, the concert had continued without disruption, and
that the complaint was filed by a third party who was not directly affected.
In response, the State's counsel argued that Nigam had not cooperated
with the investigation and that his presence was necessary to determine whether
his remarks were intentional. "Whether the comments were intentional or
not cannot be adjudicated under Section 482 (CrPC). He has not cooperated with
the investigation. He could have at least said he was busy," the State
submitted.
The State opposed granting him special privileges, asserting that public
figures should be held to higher standards of accountability. "A person
who does not respect due process of law cannot be given benefit under 482… He
is not a normal man, but that is precisely why he should not have made such a
statement," the State's counsel added.