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Synopsis

The division bench comprising of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula of the Delhi High Court on Monday posted a plea seeking direction to cancel the certificate of movie 'Adipurush' and immediately ban it for hurting sentiments of Hindu community in the name of creative liberty and artistic representation for hearing on July 27.

Earlier, on June 21, the vacation bench of Justice Tara Vitasta Ganju and Justice Amit Mahajan had 'refused urgent hearing' of the plea. During the hearing, the counsel appearing for the petitioner Vishnu Gupta had submitted that the present writ against the screening of the controversial movie 'Adipurush' was listed on a later date however, it needed to be heard urgently. 

"However, I am seeking the listing of the plea today or on Friday, because there are many controversial scenes in the movie...it was released on June 16. When the teaser of the movie was released there was an outcry, the director pomised to remove parts, but it wasn't removed, similarly when the trailer of the movie was released it happened again, they promised again. Currently, it hinges the international relations, even Nepal has banned the movie", the counsel on behalf of Gupta had contended. 

"You are well aware in advance of the release of the films. If it has already been released what are you restraining?" Justice Ganju had remarked orally. 

'Hindu Sena' through its national president Vishnu Gupta approached the High Court seeking direction to cancel the certificate of the movie 'Adipurush' and immediately ban it for hurting sentiments of Hindu community in the name of creative liberty and artistic representation.

"The Respondents in name of creative liberty and artistic representation, cannot hurt the sentiments of the Hindu community by presenting and depicting the looks as well as the image of Hindu gods and other religious figures contrary to the divine and revered image of these religious figures as depicted in the epic 'Ramayana' authored by Maharishi Valmiki and Saint Tulsidas respectively," Gupta's plea said.  

The plea contended that film makers, producers, and actors cannot be permitted to take unimpeded creative liberty to commercialize religious leaders, characters, their faces, personalities and looks including hair, in a sheer violation of religious rights under Article 25 of the Constitution.

It claimed that the depiction of Ravana, Lord Ram, Mata Sita and Hanuman in 'Adipurush' is contrary to the image and descriptions of these religious leaders/characters/figures as depicted in Maharishi Valmiki's 'Ramayana' and Tulsidas' 'Ramcharitmanas'.

Filed by advocate Pratibha Sinha, the petition sought direction to the Centre and the Central Board of Film Certification to cancel the film's certificate and immediately ban it. The feature film 'Adipurush' is liable to be not issued any certificate in terms of Section 5A of the Cinematograph Act, 1952. It is not suitable for unrestricted public exhibition, the plea contended.

"The feature film 'Adipurush' has created unrest amongst the Hindus all over the country...Therefore, the implication of release of film Adipurush may have far reaching consequences if it is passed and cleared for unrestricted exhibition," the plea stated.

Court was further informed that while the petitioner had submitted a representation to the Union government's Ministry of Information and Broadcasting Secretary on October 4, 2022, no response had been received.

The film directed by Om Raut, and produced by Bhushan Kumar is based on the Hindu epic 'Ramayana'. The movie, released on June 16, has actor Prabhas, playing the role of Lord Ram, Kriti Sanon as Sita, Sunny Singh as Lakshman and Saif Ali Khan as Ravana. 

It has been contended that the government has to ensure the maintenance of public order as well as secular fabric of the society and the movie director and producers cannot be permitted to publicly exhibit any such feature film which may tend to disturb the same.

The plea claimed the character of Hindu Gods and religious leaders, and characters like Lord Ram, Mata Sita, Hanuman and Ravan have been depicted in an inaccurate and inappropriate manner.

"The bearded look of Ravana’s character played by Saif Ali khan in the film is hurting the sentiments of Hindu community as the Hindu Brahmin Ravana is shown making a ghastly face in a wrong manner which is an absolute insult to Hindu civilization, Hindu religious figures, idols, ideals, etc. The scene related to Ravana in the film is an absolute distortion from the real facts and story of Ramayana," the plea stated.

It also claimed that in the movie, the images of Lord Ram, Sita, and Hanuman have been shown in an objectionable manner as it has been done to hurt Hindu sentiments.

Case Title: Vishnu Gupta vs. Union of India