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Synopsis

The Allahabad High Court earlier this week ordered the director of the film 'Adipurush' Om Raut, its dialogues writer Manoj Muntashir @ Manoj Shukla along with Bhushan Kumar to appear in person along with their personal affidavits explaining their bonafide in the PILs filed seeking removal of objectionable dialogues and scenes from the film.

Two PILs were filed before the high court alleging that film 'Adipurush' depicts religious gods and other icons and characters in a disgusting and vulgar manner hurting the sentiments of the public at large who worship those religious gods / Icons.

However, before passing any interim order or any coercive order against the opposite parties including the filmmaker or producer or dialogues writer of film Adipurush, the division bench of Justices Shree Prakash Singh and Rajesh Singh Chauhan decided to give one more opportunity to Union of India (UOI) through its Secretary, Ministry of Information and Broadcasting to revisit on the issue/ grievance of the public.

For this purpose, court ordered the UOI to constitute a committee of experts not less than 5 in number within one week.

Court directed that among the members of the expert committee, two shall be the persons who are well versed with the Valmiki Ramayana and other religious texts written over Lord Ram's life so that it could be seen as to whether the depiction of the story of Lord Ram and others in the film has been done in conformity with the Valmiki Ramayana, etc. as has been claimed by the makers of Adipurush. 

"It would also be seen as to whether the picturization of Devi Sita and wife of Vibhishana are in conformity with the guidelines which clearly mandates that the Censor Board shall ensure that scenes degrading or denigrating women character in any manner are not presented," noted the court in its order dated June 28, 2023. 

Court pointed out in the order that the coloured photographs which had been enclosed with the writ petitions relating to Devi Sita and the wife of Vibhishana were prima facie degrading the sanctity of those characters. 

"Some scenes relating to the wife of Vibhishana in the film are appearing as obscene," court highlighted. 

Further, court ordered the Chairman, Board of Film Certification to file his personal affidavit apprising the court as to whether the guidelines for certification of films for public exhibition had been followed in its letter and spirit while issuing the certificate to ‘Adipurush’.

In the order, the court emphasised that the issue in hand is a sensitive issue as religious Icons/Gods have been shown in the film as if they are fictional persons or as if they are comic characters.

"Those Icons/ Lords have been shown in a film by the filmmakers including the dialogue writers without taking care of the holiness and sanctity of those characters. Not only the dialogues of the film are so substandard having cheap language but so many scenes of the film depicting Devi Sita are disgraceful to her very character and some scenes depicting the wife of Vibhishana are prima-facie obscene also which are absolutely unwarranted and uncalled for," the order read. 

Court stated that it is trite law that in the name of freedom of speech and expression no one can be permitted to do anything which is against the decency or morality or against the public order etc.

"To us, this film, prima-facie, does not qualify the test as prescribed under Article 19 of the Constitution of India," court held.

Apart from that, court noted that it was pained noticing the fact that not only Censor Board had not discharged its legal duty while issuing certificate to release the film without following the guidelines issued under Section 5-B of the Cinematograph Act, 1952 but also, the Government of India has yet not taken suitable action immediately after the release of the film.

"It is not fair to ignore the voice of those people who despite being offended seriously after the release of this film but have been maintaining the public order and are following the law and order," stressed the court. 

Accordingly, court directed the UOI to revisit the issue invoking its power under Section 6 of the Act, 1952. "If it is found that the grievance of the public at large as narrated in the PILs is genuine and the Censor Board has not followed the specific guidelines while issuing certificate to the film, appropriate order may be passed under Section 5-E of the Act, 1952," ordered the court. 

Further, before the next date of hearing in the matter, court sought a personal affidavit of the Chairman, Board of Film Certification containing all the details and the documents to convince the court that the guidelines had been followed in its letter and spirit.

Court posted the matter for further hearing on July 27, 2023 while ordering Om Raut, Manoj Muntashir and Bhsham Kumar to appear in person along with their personal affidavits explaining their bonafide.

Case Title: Kuldeep Tiwari And Another and connected matter