Seeking the quashing of an FIR against them, comedy group All India Bakchod (AIB) moved the Bombay High Court (HC) Monday saying that there was a clear distinction between vulgarity and obscenity. They argued that what they did was vulgar, but not obscene. The HC has asked the police Monday not to take any “coercive” action against the group till March 16. Seeking the quashing of an FIR against them, comedy group All India Bakchod (AIB) moved the Bombay High Court (HC) Monday saying that there was a clear distinction between vulgarity and obscenity. They argued that what they did was vulgar, but not obscene. The HC has asked the police Monday not to take any “coercive” action against the group till March 16.

Seeking the quashing of an FIR against them, comedy group All India Bakchod (AIB) moved the Bombay High Court (HC) on Monday saying that there was a clear distinction between vulgarity and obscenity. They argued that what they did was vulgar, but not obscene. The HC has asked the police not to take any ‘coercive’ action against the group till March 16.

“Law prevents the use of foul words only when they are obscene,” contended AIB’s counsel Mahesh Jethmalani, stressing that obscenity arouses “sexual lust” and the words used and jokes cracked were merely vulgar.

Jethmalani, seeking quashing of FIR registered in Pune, relied on a couple of judgments of the Supreme Court and the Kerala High Court, which, according to him, have made a distinction between the two terms.

The expletives-laden, insult comedy over actors Arjun Kapoor and Ranveer Singh was uploaded on YouTube on January 28, 2014.

Justices Ranjit More and Anuja Prabhudessai were hearing Jethmalani, who argued that the case was not of any kind of obscene depiction. Jethmalani said AIB members — Tanmay Bhat, Gurusimran Khamba, Rohan Joshi and Ashish Shakya — had used foul language and slangs, which were nowhere close to being obscene. “They never depicted pornography or projected a lewd picture,” said the lawyer.

Appearing for the state, additional public prosecutor Jayesh Yagnik said the police had the proof of obscenity in the form of CDs of the show. Yagnik raised doubts over Jethmalani’s argument of distinction being applicable to the present case. While directing the police not to arrest AIB members, the HC asked the police to carry on with the investigation. The state will have to file its affidavit on March 16.

In addition, AIB through Jethmalani has also intervened in a PIL filed against them. They have sought its dismissal and said that the PIL affects their livelihood directly and violates their fundamental rights.

The ‘roast’ was held at the Sardar Vallabhbhai Patel Stadium in Worli on December 20. AIB uploaded the video on YouTube on January 28, in three parts and in the beginning, viewers were warned of the nature of the video. The video was removed from YouTube on February 3, 2015, after it faced ire from several quarters.

An FIR in Pune named YouTube and actors Singh, Kapoor, Deepika Padukone, Sonakshi Sinha and director Karan Johar for distributing the controversial video.

The FIR has been filed under sections 292 (distribution of obscene content or lascivious or appeals to the prurient interest), 294 (obscene act in public place) of the Indian Penal Code and Section 67a (publishing or transmitting of material containing sexually explicit act, etc in electronic form) of the IT Act.

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