AJAY GAUTAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL), seeks a restraint on the exhibition of the Hindi feature film / movie titled "PK", whether it be in movie theaters or on the television, on the ground of the same hurting the religious sentiments of all the communities and mainly of Hindus and thereby violating the rights of Hindus under Articles 19(2) and 25 of the Constitution of India.

(2.) It is the case of the petitioner:

(3.) Learned ASG, appearing on advance notice, at the outset states that the petition is not maintainable for two reasons; firstly that W.P.(Crl.) No.155/2014 titled All India Human Rights and Social Justice Front Vs. Union of India preferred to the Supreme Court with respect to the same movie was dismissed in limine on 14th August, 2014 and secondly, on the ground that the remedy of appeal under the Cinematograph Act, 1952 is available to the petitioner.