Supreme Court Refuses To Entertain New Plea Challenging CBFC Certification Of Film 'Hamare Baarah'

The Supreme Court today dismissed as withdrawn a plea regarding film Hamare Baarah, which is alleged to be derogatory towards the Islamic faith and married Muslim women in India. The petitioner was however granted liberty to file a fresh petition challenging the Bombay High Court order, which recently permitted release of the film after the makers agreed to delete certain scenes.

The vacation bench of Justices Vikram Nath and SVN Bhatti was dealing with a writ petition filed by one Syed Ahamed Basha against Central Board of Film Certification and others, prior to the Bombay High Court's order permitting release of the film.

Pointing out to the petitioner's counsel that the top Court dealt with another petition raising similar issues and left it to the Bombay High Court to ultimately decide the case on merits, Justice Nath said, "Why should we entertain an Article 32 petition for this? High Court has screened the movie, High Court has examined it...thereafter, the High Court has allowed the movie to be screened...Now if you are still aggrieved, challenge it...You challenge the Bombay order, place it before this Court...the Court will examine".

Justice Bhatti was further heard adding, "Let us follow the procedure which is consistent with our system. This movie was screened, the Bombay judges have seen it. They directed expunging a few scenes, shots, dialogues. I think certain conditions were also imposed. The total consideration of the movie, what are now the objectionable statements, how it is dealt with, why a particular scene is asked to be [...], why a particular scene is allowed to remain for exhibition, can be known only from the judgment. If you seek leave and file an appeal, then it would be correct".

Before parting, in response to a contention by the petitioner's counsel that a controversial trailer of the film was stayed by the top Court but it was still available online, Justice Nath commented that the court did not stay any teaser or trailer. Rather, only screening of the film was stayed.

Notably, one Azhar Basha Tamboli had earlier moved the Supreme Court alleging that the film, which was initially set to release on June 7, 2024 and then on June 14, 2024, was in contravention of the provisions of the Cinematograph Act, 1952, and the rules and guidelines associated with it. Tamboli claimed that the film was wrongly certified, and its release would violate Article 19(2) and Article 25 of the Constitution.

On going through the case records, the Supreme Court halted the release of the film by an order dated June 12 till Bombay High Court decided Tamboli's main petition against CBFC certification of the film.

On June 19, after the filmmakers agreed to delete certain dialogues of the film and add disclaimers, the Bombay High Court permitted release of the film and Tamboli agreed to not raise any objection to the release after the agreed-upon changes were made.

In the proceedings before the High Court, CBFC agreed to recertify the film based on the changes by 12:00 PM on June 20. Upon receiving the certification, the makers were allowed to exhibit the film on all platforms of their choice. Additionally, they were permitted to upload Trailer No.3, certified by the CBFC on June 12, on social media and use it for advertising and publicity in newspapers, hoardings, posters, and handbills.

The High Court also directed YouTube, X and Google to immediately take down any teasers or trailers on social media that contained dialogues ordered to be deleted by CBFC. As part of the agreement, the makers are to donate Rs. 5 Lakhs within 8 weeks of the film's release to the Ideal Relief Committee Trust for relief efforts in natural disasters.

Counsels for petitioner: AoR Syed Mehdi Imam and Advocate Mohd. Pervez Dabas

Case Title: Syed Ahamed Basha v. Union of India and Ors, W.P.(C) No. 386/2024

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