The Gujarat High Court on Friday allowed the release of the film Maharaj on the Over The Top (OTT) platform Netflix.
The film starring Junaid Khan, the son of actor Aamir Khan was earlier slated to be released on Netflix on June 18.
However, the release was stayed by an interim order dated June 12 after concerns were raised that the film may hurt religious sentiments.
Single-judge Justice Sangeeta Vishen today lifted the interim stay after arriving at a prima facie conclusion that the movie was not targeted at hurting the sentiments of any community.
The judge also noted that the film had already been certified by the Central Board of Film Certification (CBFC).
"This court arrives at a prima facie conclusion that film Maharaj is based on events that led to the filing of the (1862) libel case and is not targeted at hurting the sentiments of any community. The film has been certified by CBFC, an expert body, after considering relevant guidelines," the Court said.
The Court was hearing a plea seeking a stay on the film's release. The petitioners, belonging to the Pustimarg sect, contended that the film, based on the Libel Case of 1862, could disrupt public order and incite violence against the sect and the Hindu religion.
The petitioners highlighted that the 1862 case, decided by English judges of the Supreme Court of Bombay, contained severely blasphemous remarks about Hinduism, Lord Krishna and devotional songs and hymns.
It was argued that the film's release was being done secretively, with no trailer or promotional events. This was done to conceal its storyline, it was alleged.
The petitioners further contended that releasing the movie would cause irreparable harm to their religious sentiments. They added that despite urgent appeals to the Ministry of Information and Broadcasting to block the film's release, they received no response.
On June 19, the Court had said it would watch the film "Maharaj" and then decide whether or not its release should remain on hold.
This development came about after Senior Advocates Shalin Mehta and Jal Unwalla, appearing for Yashraj Films and Netflix, suggested that the Court watch the film and decide whether the allegations in the petition were true or not.
"Having viewed the film, this Court found nothing objectionable that would hurt the religious feelings of the petitioners or a sect ... The core message of the film, as had been rightly contended by the respondent, is focused on the social evil and fight by Karsandas Mulji, who himself was from a Vaishnavite community ... The film, in no manner, affects or hurts religious feelings," the Court said today.
The Court also noted that the book on which the film is based was published in 2013 and that no incidents of communal harmony had been reported so far because of such publication.
It also said that since the film was yet to be released for public view, the right to freedom of expression could not be curtailed based on mere presumptions.
Accordingly, the Court vacated the interim stay order and allowed the release of the film.
"This Court is constrained to come to the conclusion that the apprehension of this petition is based on surmises since the film is yet to be released for public viewing. Thus, on mere presumption, the freedom of expression guaranteed under Article 19 (1)(a) of the Constitution cannot be curtailed," the Court said.