PREM MARDI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) In these days of challenge to the bans imposed by the Governmental and Municipal Agencies on various aspects of life being brought before the Courts by the Advocates community, the petitioner, belonging to the same community, has brought this writ petition under Article 226 of the Constitution of India seeking a ban on the screening of the film "MSG-2- The Messenger", by seeking the reliefs of (i) quashing of the Certificate issued by the respondent no.3 Central Board of Film Certification (CBFC) to the said film; (ii) by seeking a direction to the respondent no.2 Ministry of Home Affairs, Government of India (GOI) to issue appropriate orders to "YouTube" to take down the trailer of the said film from its website; (iii) by seeking a direction to the respondent no.1 Ministry of Information and Broadcasting, GOI to issue appropriate orders to cable and television networks proscribing them from broadcasting the said film or its trailer; and, (iv) by restraining the respondent no.5 Hakikat Entertainment Pvt. Ltd. stated to be the producer of the said film from circulating, distributing, exhibiting, sharing the said film or its trailer in any manner whatsoever.

(2.) On the plea of the petitioner that the said film is due for release for public viewing day after tomorrow i.e. 18th September, 2015 and that unless interim orders as sought of restraining the same are issued, the writ petition would become infructuous, the counsel for the petitioner and the learned Additional Solicitor General (ASG) appearing for the respondents no.1 to 3 and 6 i.e. Union of India and CBFC on advance notice have been heard at length.

(3.) It is the case in the petition: