Case Note & Summary
The dispute arose from protests against the film 'Fire', directed by Deepa Mehta, which was screened after receiving a certificate from the Censor Board of India. Following its release in November 1998, protests erupted, leading to vandalism at cinema houses, particularly in Mumbai. The petitioners, including the film's producer, filed a writ petition under Article 32 of the Constitution seeking directions for security and investigation into the violence. They alleged that the Chief Minister of Maharashtra and his party instigated the protests. The State of Maharashtra countered that necessary police actions were taken, including registering FIRs and charge-sheets against the accused. The petitioners later sought to transfer the investigation to the Central Bureau of Investigation due to the changing political landscape. The court noted that the political situation had shifted after the Shiv Sena lost power, and there were no allegations against the new government regarding inaction. Consequently, the court dismissed the writ petition, stating that there was no longer a need for intervention given the current circumstances, while allowing for future motions if necessary.
Headnote
A) Constitutional Law - Writ Petition under Article 32 - Dismissal of Writ Petition - Article 32 of the Constitution, 1950 - The petitioners sought directions for security and investigation into violence against the film 'Fire', but the court found the political situation had changed significantly, rendering the need for intervention unnecessary. Held that the changed circumstances negated the necessity for the writ petition (Paras 1-2).
Issue of Consideration
Whether the court should issue directions for security arrangements and investigation into violence against the film 'Fire'.
Final Decision
The Supreme Court dismissed the writ petition, stating that the changed political situation in Maharashtra rendered the need for intervention unnecessary. The court noted that there were no allegations against the new government regarding inaction against the protestors.
Law Points
- Article 32 of the Constitution
- Cinematograph Act
- 1952
- Indian Penal Code
- Bombay Police Act
- 1951
