The Bombay High Court on Tuesday refused to grant stay on the release of the film Aarakshan granting relief to the film maker Prakash Jha. The Court further held that there will be no special screening for anybody before its release on Friday..The Bombay High Court on Tuesday refused to grant stay on the release of the film Aarakshan granting relief to the film maker Prakash Jha. The Court further held that there will be no special screening for anybody before its release on Friday..A division bench of Justice D.D. Sinha and Justice A.R. Joshi observed that merely on the basis of apprehension of protests and demonstrations likely to occur without seeing the film or without pointing out the portion of the film which would result in such problem, it is not appropriate to impose restrictions on the freedom of speech and expression of the Respondents..The Court held that the Petitioners’ prayers for special screening of the movie before its release are “totally misconceived and wrong and the same is rejected”..The Court passed the order while hearing a petition filed by two Advocates from Panvel, Gajanan Lasure and Aniket Deshkar, seeking a preview of the film, claiming it was anti-reservation and could disturb peace and harmony..Counsels Sangharaj D. Rupwate, Milind Ingale and Santosh J. Parad represented the Petitioners..The Counsel for the Petitioners submitted that the trailer and promos of the said film clearly show that it gives strong anti-reservation message which is contrary to the mandate of the Constitution. The Petitioners argued that if the film is permitted to be released, it is bound to create enmity, hatred, disharmony and ill-will amongst different castes and communities which is likely to disturb public peace and tranquility. It is, therefore, contended that the film should be banned and the certificate for exhibition granted by the Central Board of Film Certification be quashed and set aside..Naik Naik & Co. represented the film producer and the production company with a team led by Partners Ameet Naik and Madhu Gadodia along with Counsel Venkatesh Dhond..Counsel Dhond arguing for the Respondents submitted that neither the film nor the promos are even remotely anti-reservation and/or anti-dalit. The issue of reservation has been used in the film only as a landscape or back drop on which the story and journey of the protagonist, who is the Principal of an institution, is based. The central theme of the film and its message is the commercialisation of education system in the present society..The Counsel for the Respondents further submitted that it is the Censor Board which is required to be satisfied about the suitability and unsuitability of a film for public viewing. The learned Counsel has further contended that the film and each of 35 promos has been duly certified for public exhibition in accordance with the provisions of the Cinematograph Act 1952 and has been granted U/A certificate by the Censor Board on June 15, 2011..Taking into consideration the sensitivity of the subject of the film and in response to the press note dated July 6, 2011 issued by the National Commission for Scheduled Tribes, the Censor Board had set up a Committee of Experts who has examined the film. The Examining Committee comprised of members belonging to scheduled castes, scheduled tribes and other backward classes, distinguished experts in their respective fields which included Retired Judge Mukul Mudgal and one nominated member who is the Regional Head of the Certification Board. Thereafter, the Examining Committe and the Board granted the U/A certificate to the film..Rajiv Chavan and Geeta Mulekar, Counsels for the Respondent, Central Board of Film Certification informed the Court that the Petitioners have failed to provide any basis for their apprehension that there would be law and order problem after its release..Meanwhile, the Madras High Court has also on Tuesday lifted its interim stay on the release of the film, following an out-of-court settlement between the producer and the financiers. The film’s release was stayed over a financial dispute between its producer Firoz A Nadiadwala and Sushil Gupta, director of G. G. Photo Limited, reports TOI. The Madras High Court had issued an interim order staying the world wide release of the film till the amount was paid..A copy of the order is available here.
The Bombay High Court on Tuesday refused to grant stay on the release of the film Aarakshan granting relief to the film maker Prakash Jha. The Court further held that there will be no special screening for anybody before its release on Friday..The Bombay High Court on Tuesday refused to grant stay on the release of the film Aarakshan granting relief to the film maker Prakash Jha. The Court further held that there will be no special screening for anybody before its release on Friday..A division bench of Justice D.D. Sinha and Justice A.R. Joshi observed that merely on the basis of apprehension of protests and demonstrations likely to occur without seeing the film or without pointing out the portion of the film which would result in such problem, it is not appropriate to impose restrictions on the freedom of speech and expression of the Respondents..The Court held that the Petitioners’ prayers for special screening of the movie before its release are “totally misconceived and wrong and the same is rejected”..The Court passed the order while hearing a petition filed by two Advocates from Panvel, Gajanan Lasure and Aniket Deshkar, seeking a preview of the film, claiming it was anti-reservation and could disturb peace and harmony..Counsels Sangharaj D. Rupwate, Milind Ingale and Santosh J. Parad represented the Petitioners..The Counsel for the Petitioners submitted that the trailer and promos of the said film clearly show that it gives strong anti-reservation message which is contrary to the mandate of the Constitution. The Petitioners argued that if the film is permitted to be released, it is bound to create enmity, hatred, disharmony and ill-will amongst different castes and communities which is likely to disturb public peace and tranquility. It is, therefore, contended that the film should be banned and the certificate for exhibition granted by the Central Board of Film Certification be quashed and set aside..Naik Naik & Co. represented the film producer and the production company with a team led by Partners Ameet Naik and Madhu Gadodia along with Counsel Venkatesh Dhond..Counsel Dhond arguing for the Respondents submitted that neither the film nor the promos are even remotely anti-reservation and/or anti-dalit. The issue of reservation has been used in the film only as a landscape or back drop on which the story and journey of the protagonist, who is the Principal of an institution, is based. The central theme of the film and its message is the commercialisation of education system in the present society..The Counsel for the Respondents further submitted that it is the Censor Board which is required to be satisfied about the suitability and unsuitability of a film for public viewing. The learned Counsel has further contended that the film and each of 35 promos has been duly certified for public exhibition in accordance with the provisions of the Cinematograph Act 1952 and has been granted U/A certificate by the Censor Board on June 15, 2011..Taking into consideration the sensitivity of the subject of the film and in response to the press note dated July 6, 2011 issued by the National Commission for Scheduled Tribes, the Censor Board had set up a Committee of Experts who has examined the film. The Examining Committee comprised of members belonging to scheduled castes, scheduled tribes and other backward classes, distinguished experts in their respective fields which included Retired Judge Mukul Mudgal and one nominated member who is the Regional Head of the Certification Board. Thereafter, the Examining Committe and the Board granted the U/A certificate to the film..Rajiv Chavan and Geeta Mulekar, Counsels for the Respondent, Central Board of Film Certification informed the Court that the Petitioners have failed to provide any basis for their apprehension that there would be law and order problem after its release..Meanwhile, the Madras High Court has also on Tuesday lifted its interim stay on the release of the film, following an out-of-court settlement between the producer and the financiers. The film’s release was stayed over a financial dispute between its producer Firoz A Nadiadwala and Sushil Gupta, director of G. G. Photo Limited, reports TOI. The Madras High Court had issued an interim order staying the world wide release of the film till the amount was paid..A copy of the order is available here.