Additional Chief Metropolitan Magistrate Vandana Jain, however, allowed the complainant advocate’s plea to record pre-summoning evidence in support of his complaint.
The court had on June 1 reserved its order after hearing arguments of the complainant who had questioned the action taken report (ATR) filed by the Delhi Police in which the megastars were given a clean chit.
In the ATR, police had earlier said that Shah Rukh and Salman were shooting at a makeshift temple which was part of the sets in a studio for the reality show and had no intention to hurt religious sentiments.
The report was filed following court order on the plea of advocate Gaurav Gulati who had sought registration of an FIR against the two actors, Colors channel and director and producer of ‘Bigg Boss 9’ for alleged offences under sections 295A (deliberate and malicious acts intended to outrage religious feelings), 298(uttering words with deliberate intent to wound religious feelings) and 34 (common intention) of IPC.
The complainant had also sought to record pre-summoning evidence in support of his allegations against the actors. He had alleged that in a video being circulated, Shah Rukh and Salman were seen wearing shoes on the sets of the temple while shooting for an episode of ‘Bigg Boss 9’ where the idol can be seen in the background.
“It is a disrespect to the Hindu religion and its belief as it is strictly prohibited to come in the temple with shoes and also they were showing their back to the idol which is also deemed to be an insult to the Hindu goddess… (sic),” it had alleged and claimed that it seemed to be a “well-planned malicious act to outrage Hindu feelings”.
However, the report forwarded by SHO of Roop Nagar Police Station in February, had said “No cognisable offence is made out. The promo was not shot to disturb the sanctity of a religious place or disturb or hurt the religious sentiments of any individual, group, community or section of the society.”
It its report, police had also mentioned that a similar complaint was filed in a Meerut court which had dismissed it.
“As they (actors) had met after a long time, the director thought of an idea of showing them reuniting on the sets of ‘Kali Mandir’ in a similar manner as they had reunited in the movie ‘Karan Arjun’ in such a temple after their ‘re-birth’ in the film.
“This idea was not motivated by any intention of hurting any religious sentiments of any religious group and shooting of the promo was done in a studio and the incident never took place,” police had said, citing the channel’s reply.