“No fundamental right curbed”: Supreme Court junks Plea seeking stay on streaming of Movie “Why I killed Gandhi”

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The Supreme Court on Monday dismissed the Plea seeking stay on streaming of Movie “Why I killed Gandhi”, filed on the ground that it tarnishes the image of MK Gandhi. Top Court says not a fit case to approach SC for violation of Fundamental Rights under Article 32 as none curbed.

The bench of Justice Indira Banerjee and Justice J.K. Maheshwari rejected the plea stating that no fundamental rights seems to have been breached of the petitioner and a writ petition under Art 32 can be filed when there is violation of fundamental right. Hence, the Court asked the petitioner to approach the High Court under Article 226. 

A petition was filed against the release of the movie titled "Why I Killed Gandhi" on the Over The Top (OTT) service platform "Limelight" stating that the movie attempts to tarnish the image of Mahatma Gandhi and at the same time glorify Nathuram Godse.

The petition filed by Sikandar Behl through Advocate Anuj Bhandari stated that "In the event the release and exhibition of the said movie is not stopped the same would irreparably tarnish the image of Father of Nation and would cause public unrest, hatred and disharmony."

Behl sought that the release, publication, or exhibition of the movie “Why I Killed Gandhi” and all its associated content be stopped with immediate effect. The petition also sought regulation of OTT platforms for restricting, regulating and censuring content. 

Sikander Behl v. Union of India & Ors.