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Senior Advocate Mukul Rohatgi informed Supreme Court that the web series Tandav is depiction of a political satire.
A bench of Justices Ashok Bhushan, R. Subhash Reddy and BR Gavai are currently hearing a petition seeking quashing of FIR's across India, filed against makers and actors of the web series "Tandava", filed on account of hurting religious sentiments.
"If people are so sensitive in this country, there will be a complete destruction of Article 19(1)(a). My lords have protected Arnab Goswami. He was on TV, we have created a political satire. I appeared for MF Hussain back in the day. My lords had stayed FIRs then," - Rohatgi to Supreme Court.
The hearing went on for 10 minutes and the bench rose for lunch.
Before the bench rose, Court stated,
"Article 19(1)(a) is not an absolute right. It comes with reasonable restrictions"
Senior Advocate Fali S Nariman also appeared for petitioners, urging the Court to quash FIRs filed against his clients.
"We have already removed the objectionable parts. Even though, we did not agree with the fact that they were in fact, objectionable. Even after this, 4 FIRs were filed against us," - Nariman to Supreme Court
Further, Nariman argued that since the objectionable parts had already been taken down by the makers, nothing survived in these FIR's. He urged the Court to quash them, stating that they had been filed in 6 different states.
Justice Bhushan: You want all FIRs to be quashed? Nariman: Yes. Justice Bhushan: You can file petitions in the High Court. Nariman: The problem is they have been filed in 6 different states. Their ego has been hurt, we have removed it.
Next, Nariman stated that the Supreme Court had granted relief to Arnab Goswami recently and in light of the same precedent, indulgence should be metted out to his client(s).
Elaborating on the same, Senior Advocate Mukul Rohatgi added that sentiments are hurt at the drop of a hat in India today. He further elaborated on how the indulgence granted by top court in the Arnab Goswami issue can be a case in point for the instant issue.
"My Lords have held, for violation of Article 19(1)(a), petitioner can come to Supreme Court. Nowadays, people file an FIR for anything and everything. My lords may at least direct clubbing these FIRs in Bombay" - Rohatgi to Supreme Court
The hearing is expected to continue after lunch.
Recently, a criminal complaint was filed in Bangalore against the makers of the show.
In New Delhi New complaint was filed by Hindu Sena Chief Vishnu Gupta alleging that in first episode of the web series, one of the accused actor Mohd. Zeeshan Ayyub has disguised himself as Lord Shiva and has stated that Lord Ram’s followers are constantly increasing on social media and that Lord Shiva’s followers should also make some new strategies to increase their fan base.
The complainant has further alleged that this particular remark in the web series deliberately and maliciously passed, is absolutely derogatory & outrages religious feelings of Hindus by mocking Hindu Gods, without any justification and with the sole intention to promote enmity. The parties arraigned in the complaint include the Director Ali Abbas Zafar as well as the Producers and star cast of the web series as defendants, including Aparna Purohit, Himanshu Krishna Mehra, Gaurav Solanki, Saif Ali Khan, Mohd Zeeshan Ayyub, Gauhar Khan.
The case has been filed u/s 200 of the Code of Criminal Procedure and the complainant has accused the defendants of committing offences under Sections 153A, 295A, 505(1)(b), 505(2), 34 of the IPC and Sections 66/67A of the IT Act 2000.
Case Title: Himanshu Kishan Mehra Vs. State of UP
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