MANOHAR LAL SHARMA Vs. SANJAY LEELA BHANSALI

JUDGEMENT

(1.) The instant writ petition has been preferred under Article 32 of the Constitution of India giving it the nomenclature of public interest litigation basically with twin prayers that a film titled "Padmavati" should not be exhibited in other countries without obtaining the requisite certificate from the Central Board of Film Certification (CBFC) under the Cinematograph Act, 1952 (for brevity, 'the Act') and the Rules and guidelines framed thereunder and further to issue a writ of mandamus to the Central Bureau of Investigation (CBI), respondent No. 5 herein, to register an FIR against the respondent Nos. 1 and 2 and their team members for offence punishable under Section 7 of the Act read with Sections 153A, 295, 295A, 499 and 500 of the Indian Penal Code read with Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986 and to investigate and prosecute them in accordance with law.

(2.) It needs to be stated at the outset that the reliefs sought are not only extremely ambitious but also the nature of pleadings in the petition have the effect of potentiality that can erode the fundamental conception of pleadings in a Court of Law. It needs to be stated that neither laxity nor lack of sobriety in pleadings is countenanced in law. The assertions in a petition cannot show carelessness throwing all sense of propriety to the winds. Rambling of irrelevant facts only indicates uncontrolled and imprecise thinking and exposes the inability of the counsel. On certain occasions, it reflects a maladroit design to state certain things which are meant to sensationalize the matter which has the roots in keen appetite for publicity. When these aspects are portrayed in a nonchalant manner in a petition, it is the duty of the Court to take strong exception to the same and deal it with iron hands.

(3.) We have heard Mr. Manohar Lal Sharma, petitioner-in-person, Mr. Harish N. Salve, learned senior counsel assisted by Mr. Mahesh Agarwal, learned counsel, appearing for the respondent no. 1, and Mr. Shyam Divan, learned senior counsel for the respondent no. 2. We have also taken assistance of Mr. Maninder Singh and Mr. P.S. Narasimha, learned Additional Solicitor General for the Union of India.