Allahabad HC Grants Relief To Wasim Rizvi In Case Over Making 'Derogatory' Remarks Against Sunni Muslims In 'Ram Ki Janmabhoomi' Movie

The Allahabad High Court last week granted relief to former Uttar Pradesh Shia Central Waqf Board chairman Wasim Rizvi (now Jitendra Tyagi) in an FIR lodged against him for allegedly making derogatory remarks against the adorable personalities of the Sunni Sect of the Muslim community in his film Ram Ki Janmabhoomi.

In the FIR, Tyagi, who wrote, produced and acted in the film, was booked under section 153-A and 504 IPC in the year 2019 on the allegations that the screening of the film may lead to communal tension in the city.

Challenging the entire case proceedings and summoning order passed against himself, Tyagi moved the High Court on the grounds that even though the Central Board of Film Certification had certified the film, the Government of Uttar Pradesh sanctioned the prosecution case against him in December 2022 as contemplated under section 196 of the CrPC.

Relying upon the Apex Court's ruling in the case of Salman Khan Vs. State of Gujrat and others (2018), Tyagi's counsel argued that once CBFC provides a certificate to the producer, he is entitled to screen his film as under those circumstances, no "lis" remains to be adjudicated by the competent concerned court

Arguing that no case was made out against him, Tyagi's counsel lastly contended that the Magistrate, in a most mechanical fashion, took cognizance of the offence under section 153-A and 504 IPC without assigning any good reason for the same.

After perusing the SC's judgment, a bench of Justice Rahul Chaturvedi noted that no case against the applicant was made out. However, the Court added that it was conscious of the fact that there is a scheme provided in the Code of Criminal Procedure and it was not inclined to break that scheme.

Thus, the Court directed Rizvi to appear before the court concerned armed with an application under Section 88 of the CrPC (Power to take bond for appearance) and thereafter to move a detailed discharge application under the appropriate sections of CrPC raising all the legal as well as factual points for the determination of the same by the court concerned.

In turn, the Court further directed the concerned court that after taking personal bond may release the applicant with or without surety and thereafter, decide the discharge plea within six weeks of its institution by giving a well-reasoned order. With the aforesaid observations, the application stood disposed of.

Case title - Syed Waseem Rizvi vs. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another 2024 LiveLaw (AB) 102 [APPLICATION U/S 482 No. - 1343 of 2024]

Case Citation: 2024 LiveLaw (AB) 102

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