Case Note & Summary
The petitioners, Akhil Bhartiya Dhamma Sena (a social organization) and Bhaiyyalal Bhotmange, filed a writ petition seeking restraint orders against respondent no.3, the producer of a movie titled 'Khairlanji Chya Mathyawar', from exhibiting the movie. The movie is based on the true story of the Khairlanji incident that occurred in Bhandara district, which was widely covered by print and electronic media. The petitioner no.2, Bhaiyyalal Bhotmange, claimed that he was directly affected by the scenes shown in the movie, as he was portrayed as a drunkard and timid person, and his daughter was shown as involved in a love affair, which would tarnish their social image. The petitioners attended the premier show on 29th January 2014 and found the scenes obnoxious and objectionable. The court heard the parties and considered the submissions. The court noted that the movie had been certified by the Censor Board and the petitioners had not challenged the certification. The court held that the petitioners failed to establish a prima facie case for grant of injunction, as the events were already in public domain and the petitioner no.2 had not objected earlier. The balance of convenience was not in favor of the petitioners, and no irreparable loss would be caused. The court dismissed the petition, refusing to restrain the exhibition of the movie.
Headnote
A) Civil Procedure - Temporary Injunction - Prima Facie Case - The court held that the petitioners failed to establish a prima facie case for grant of injunction as the movie was based on true events widely reported in media and the petitioner no.2 had not objected to the portrayal earlier. (Paras 3-5) B) Cinematograph Act, 1952 - Certification - Censor Board - The movie had been certified by the Censor Board and the petitioners did not challenge the certification. The court noted that the remedy lies before the appropriate forum. (Para 6) C) Constitutional Law - Freedom of Speech and Expression - Article 19(1)(a) - The court emphasized that prior restraint on exhibition of a film should be granted only in exceptional circumstances and the petitioners did not make out a case for such restraint. (Para 7)
Issue of Consideration
Whether the petitioners are entitled to an interim injunction restraining the exhibition of the movie 'Khairlanji Chya Mathyawar' on the ground that certain scenes are defamatory and tarnish the image of the petitioner no.2 and his daughter.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Injunction against exhibition of movie
- prima facie case
- balance of convenience
- irreparable loss
- freedom of speech and expression
- Cinematograph Act
- 1952
- certification by Censor Board
