Bombay High Court Allows Release Of Film 'Hamare Baarah' After Makers Agree To Delete Certain Portions & Add Disclaimers

The Bombay High Court on Wednesday allowed the release of film "Hamare Baarah", on June 21, 2024 after the makers agreed to make certain changes in the movie.

A division bench of Justice BP Colabawalla and Justice Firdosh Pooniwalla passed the order in a writ petition seeking a ban on the film on the ground that it is derogatory to Islam and married Muslim women in India.

The bench said that it will record the changes in its order in the following manner - 

"As per suggestions of the court, and which is agreeable to all the parties, the following changes will be made. The changes mentioned below shall be done before the film is released...."

The petitioner agreed to not raise any objection to the release of film after the agreed-upon changes are made to the movie.

The makers agreed to mute certain dialogues and a Quranic verse and put two disclaimers of 12 seconds each in the film.

The Central Board of Film Certification (CBFC) agreed to recertify the film based on the changes by 12 Noon of June 20, 2024.

Upon receiving the certification, the makers will be allowed to exhibit the film on all platforms of their choice. Additionally, they can upload Trailer No.3, certified by the CBFC on June 12, 2024, on social media and use it for advertising and publicity in newspapers, hoardings, posters, and handbills, the court said.

The court also directed YouTube, Twitter, and Google to immediately take down any teasers or trailers on social media that contain dialogues ordered to be deleted by the CBFC. However, the makers are permitted to exhibit any new trailers, provided they are certified by the CBFC.

As part of the agreement, the makers will donate Rs. 5 Lakhs within eight weeks of the film's release to the Ideal Relief Committee Trust for relief efforts in natural disasters.

The court was dealing with a writ petition seeking a ban on the movie, claiming it distorted the Quran and portrayed the Muslim community in a derogatory manner.

The petition, filed by one Azhar Basha Tamboli, alleges that the film, which was earlier set to release on June 7, 2024 and then June 14, 2024, is in complete contravention of the provisions of the Cinematograph Act, 1952, and the rules and guidelines associated with it. The petition further claimed that the film is wrongly certified, and its release would violate Article 19(2) and Article 25 of the Constitution.

The high court initially postponed the release but allowed it after the filmmakers agreed to remove certain objectionable scenes. However, the petitioners approached the Supreme Court, which stayed the release till the high court made a final decision.

Case Title – Azhar Basha Tamboli v. Ravi S Gupta & Ors.

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