Bombay HC Issues Notice To ECI In PIL Seeking Stay On Release Of Biopic On Narendra Modi

The Bombay High Court on Friday issued a notice to the Election Commission of India (ECI) seeking its reply to a PIL filed by Satish Sugriv Gaikwad, national president of the Republican Party of India (I) seeking a stay on the release of the movie PM Narendra Modi.

Advocates Ganesh Gupta and Tohsif Shaikh appear on behalf of Gaikwad. They mentioned the matter before the bench of Chief Justice NH Patil and Justice NM Jamdar and it was heard. The court then sought the ECI's reply by Monday, April 1.

"In the guise of the movie surrogate advertising of sitting Prime Minister is sought and with motive to circumvent the Model Code of Conduct," Gaikwad alleged.

The PIL stated that the film, which is set to release this April 5, violates the model code of conduct imposed by the Election Commission of India all over the country, including union territories, in a notification dated March 10, 2019.

The Ministry of Information and Broadcasting, CBFC, State of Maharashtra and ECI have been named respondents in the PIL along with Vivek Oberoi and producers of the movie.

The PIL states-"That all the respondent hereby prime facie advertently disobeyed the election code of conduct. In furtherance while releasing the movie during election code of conduct has been imposed clearly shows that it is nothing but the infringement of the legal right (right to Vote) of the citizen of the state.

Because by releasing the movie on 5th of April 2019 the respondent no. 9 will be trying to influence the voter to vote in favour of a particular candidate and which may disturb the execution of free and healthy election process."

The petitioner has also sought directions to remove the trailer of the film from all social media platforms. 

Read the Petition Here