HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH High Court of Judicature at Allahabad Lucknow Bench Lucknow Court No. - 27 Case :- MISC. BENCH No. - 5483 of 2011 Petitioner :- Vinod Shanker Misra, Secretary General & Anr.[ P.I.L. ]Civil Respondent :- Salman Khan Hero Of Hindi Feature Film 'Ready' & Ors. Petitioner Counsel :- Ashok Pande,V.S. Misra Respondent Counsel :- A.S.G. Hon'ble Devi Prasad Singh,J.
Hon'ble Rajiv Sharma,J.
1.Common question of law and facts both, are involved in these bunch of writ petitions under Article 226 of the Constitution of India, which have been connected by the order dated 6.6.2011, passed by this Court.
2.The petitioner are aggrieved by the film "Ready" whereby, the language and songs of films is vulgar polluting the minds of immature youths and also hurting religious sentiments of the citizens of the country. Writ Petition No.4446 (M/B) of 2011:In Re Suo Moto On The Complaint Of Lady Advo.[P.I.L] Crimin Vs. Union Of India Through Secy., Ministry of Foreign Affairs and Ors., by the order dated 6.5.2011 passed by the Division Bench of which one of us (Hon'ble Mr. Justice Devi Prasad Singh) was a member, following questions have been framed:
1.Keeping the cultural difference between India and Western Civilization, whether such photographs may be published in Indian newspaper, affecting the religious sentiments of citizens.
2.Whether Ministry of Foreign Affairs should interfere with such photographs, where religious sentiments are hurt by any action in foreign country? If yes, then in what manner ?
3. Whether Press Council of India may frame appropriate guide-lines to regulate the Electronic and Press Media.
4.In case, offence is made out in India because of publication of such photographs in newspapers of India or anywhere in the world, whether action may be taken on criminal side, and in what manner ?
5.What remedial measures may be taken by the Government to prevent such offending acts in foreign country as well as to prevent the publication of such photographs in the Indian newspaper or electronic media ?
3.Now, in the present writ petitions, the petitioners are aggrieved by the word, "Raas Lila" in the song "Ishq Ke Naam Par Karte Sabhi Ab Rass Lila Hain, Hum Karen to Kahte Hai Character Dhila Hai" of a film "Ready" by name, which depicts Lord Krishna in derogative manner on the ground that the word, "Raas Lila" indicates and co-relates to the life sketch of Lord Krishna and it cannot be used in a vulgar manner in the promo of the film "Ready". It has been submitted that the film "Ready" has already been released.
4.While framing the questions, the Division Bench (supra) had taken note of the fact that there is difference in the Indian civilization vis-a-vis Western civilization so far as the life style is concerned. Indian civilization regulates its conduct in such a manner which does not permit the use of derogative words against the religion and religious sentiments of its people. Section 5 (B) of the Cinematography Act, 1952 provides guidelines which prima facie seems to be applicable in the present case. Why the Central Board of Film Certification has failed to take appropriate decision while clearing the film, is a matter of deep concern before this Court. In Chapter XV, Section 295 and 295-A of Indian Penal Code, provide that no person has got right to act deliberately or maliciously intending to outrage the religious feelings of any class by insulting religion or religious sentiments. Needless to say that under Hindu religion, Rass Lila co-relate with Lord Krishna. Prima facie, the word, cannot be used in derogative sense.
5.In view of the above, we admit the writ petition.
6.Issue notice to respondent No.1, 2 and 3 returnable at an early date.
7.Six weeks time is allowed to file counter affidavit and two weeks time is allowed to file rejoinder affidavit.
8.List thereafter.
9.As an interim measure, the respondent No.3 is directed to reconsider the grant of certificate along with the song having title, "Ready" with the song, "Ishq Ke Naam Par Karte Sabhi Ab Rass Lila Hain, Hum Karen to Kahte Hai Character Dhila Hai", within a period of one month from the date of receipt of a certified copy of this order. In case no decision is taken, this Court may consider the prayer of the petitioners with regard to interim relief.
10.List immediately after two months along with the bunch of writ petitions.
[ Justice Rajiv Sharma] [Justice Devi Prasad Singh]
Order Date :- 8.6.2011
Rajneesh AR-PS)