'Can't Curtail Citizens' Right To Protest Peacefully': Madhya Pradesh High Court Junks PIL To Curb 'Hatred' Against Movie Adipurush

On Wednesday, the Madhya Pradesh High Court (Jabalpur Bench) dismissed a Public Interest Litigation (PIL) plea seeking to curb 'hatred' being spread against the recently released movie Adipurush. 

The bench of Chief Justice Ravi Malimath and Justice Vishal Mishra said that the right to a peaceful opposition cannot be curtailed.

"So far as the plea of the petitioner that there is a lot of hatred being spread, in our considered view, is only the imagination of the petitioner. If at all any event happens which crosses the limits of law, it is only then that the authorities who have been created to stop such activities can be invoked. In the instant case we do not find that the fundamental rights of the citizens to protest in a peaceful manner can be curtailed through a writ of mandamus," the bench observed.

The PIL plea, filed by Jai Lankesh Party/Rashtriya Ravan Sena Through Its President Subodh Shukla, prayed, among other things, to restrain the 'anti-social elements' from creating an interruption in the popularity and publicity of the film Adipurush all over the country.

The PIL plea also prayed for a direction to the state government to make the film tax-free for the purpose of "enhancing the number of visitors of pictures".

However, in this order, the Court made a categorical observation that the decision to make any film "tax-free" comes within the discretion of the State and there cannot be a writ of mandamus to direct imposition or deletion of a tax in any manner whatsoever.

Further, the Court also declined to entertain and allow the other prayers of the plea which included directing the respondents "to not publish or produce any news items in social media or any means of communication including Newspapers, electronic media etc. and restraining the persons who are spreading the hatred images of the Hindus in the name of Rawans and Brahmins"

In its order, the Court clarified that the question of granting an injunction to the respondents not to publish any news items on social media etc. cannot arise for consideration and so also the second prayer to direct the respondents to restrain the anti-social elements who are creating interruption in the popularity and publicity of the movie.

With these observations, the PIL plea was dismissed.

In related news, the Supreme Court today dismissed a Public Interest Litigation (PIL), seeking the revocation of the certificate granted by the Central Board of Film Certificate (CBFC) for the movie "Adipurush".

The bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia stated that it was inappropriate for the Supreme Court to interfere with film certifications based on the "sensitivities of each individual".

In a separate matter, the Supreme Court also stayed the proceedings in various High Courts against the 'Adipurush' movie while issuing notice on a transfer petition and a special leave petition filed by the film's producer.

Case title - Jai Lankesh Party / Rashtriya Ravan Sena vs. Union Of India [WP 15519/2023]

Case Citation:

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