YUSUF KHAN ALIAS DILIP KUMAR Vs. MANOHAR JOSHI

JUDGEMENT

(1.) A film "Fire" appears to have ignited fire in and out of cinema houses wherein the film was screened for the viewers. The film produced by one Ms. Deepa Mehta was permitted to be screened in cinema houses after the Censor Board of India granted certificate under the Cinematograph Act, 1952. Thereafter it was released for exhibition in theatres by the middle of November 1998. But hardly two weeks passed there arose protests from some quarters against the screening of the film as the protestors took strong exception to the script and screenplay thereof. The protests suddenly swelled up and the theatres wherein the film was screened became the focal points of vandalism launched by the protestors. They caused extensive damage to such cinema houses. Most of the cinema houses so attacked were located in the State of Maharashtra, and more particularly in the city of Mumbai.

(2.) It was in the aforesaid background that 8 persons, including the producer of the film, have filed this writ petition under Article 32 of the Constitution, for appropriate and suitable directions to the authorities concerned for ensuring adequate security arrangements for exhibiting the film, and also for appointing a suitable agency to conduct investigation into the acts of violence which amounted to offence committed by several persons in the theatres of Mumbai wherein the film "Fire" was exhibited.

(3.) Petitioners contended that first respondent (who was then the Chief Minister of Maharashtra) and his political party (Shiv Sena-6th respondent) as well as its chief leader (4th respondent) were instrumental in instigating the protests and they had also encouraged the protestors to resort to violence and to indulge in vandalism under the pretext of expressing their opposition to the exhibition of the film. Petitioners also pointed out that the film "Fire" had secured many lawels from different quarters who are competent to adjudge the quality of the film.