Rajasthan High Court Dismisses Appeal Against Single Judge Order Refusing To Stay Release Of 'KGF-2' Movie

The development ensued in an appeal filed by one Tasleem Ahmed Khan against an order dated 31.01.2021 passed by the Single Judge, whereby while issuing notice in the writ petition against the movie, interim stay was refused.

The appellant is primarily aggrieved by certain scenes showing the actors smoking cigarettes. It is contended that the same is not permissible as per the rules and regulations framed by the Government of India.

A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal observed,

"These issues require further consideration and cannot be dealt with at interim stage, therefore, the learned Single Judge has rightly did not grant stay. We find no merit in the appeal and the same is dismissed."

Notably, the court, while observing that the petition is filed in the nature of public interest litigation, remarked that it failed to understand how it was placed before the Single Bench.

In furtherance, the court ordered that the same to be placed before the Division Bench after the petitioner supplies the second set of the compilation.

The court observed that the petitioner objects to exhibition of certain teaser and the film produced and exhibited by respondents, namely Hombale Films, Director & Writer of KGF-2 i.e. Mr. Prashanth Neel and Actor-Yash @ Naveen Kumar Gowda on the ground that the same depicts certain scenes showing the actors smoking cigarettes.

The plea states,

"By issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to complete ban to the movie K.G.F. 2 of Homable Films and directions be given to the respondents to restrict to the director and producer of the movie to regulating the public exhibition of the movie K.G.F. 2."

The present plea also prayed for directions to the Chairman of Central Board of Film Certification-respondent for strict compliance of the Rules under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rule, 2004.

Additionally, as per the plea filed before the court, the petitioner also seeks banning of the Trailer of KGF-2 as it being violative of Cinematography Act, 2003.

The counsel for the private respondents submitted that the exhibition of such scenes is not completely banned, the only requirement is that the statutory warning should be flashed.

The matter is next listed on 15.03.2022.

Adv. Kaleem Ahamed Khan and Adv. Gitesh Joshi appeared on behalf of the appellant, while Adv. Vineet Dhanda and Adv. Sachin Mehta appeared on behalf of the respondents.

Case Title: Tasleem Ahmed Khan v. Union of India

Citation: 2022 LiveLaw (Raj) 74