HITEN DHIRAJLAL MEHTA Vs. BHANSALI PRODUCTION

JUDGEMENT

(1.) By this common judgment and order, we propose to decide Public Interest Litigation (L) No. 4336 of 2022 and Public Interest Litigation (L) No. 5227 of 2022 together with Writ Petition (L) No. 5235 of 2022.

(2.) Writ Petition (L) No. 5235 of 2022 has been placed before us in terms of an order dtd. 23/2/2022 passed by a coordinate Bench of this Court. Their Lordships having been informed of pendency of Public Interest Litigation (L) Nos. 4336 and 5227 of 2022 desired that the writ petition be placed before this Bench for analogous hearing.

(3.) The grievance raised in the public interest litigations and the writ petition has its genesis in certification of a film titled "Gangubai Kathiawadi " (hereafter "the film ") by the Board of Film Certification (hereafter "the Board ") constituted by the Central Government under sec. 3 of the Cinematograph Act, 1952 (hereafter "the Act ") for public exhibition. The attempt of the petitioners is not to stall release of the film on the date scheduled, i.e. 25/2/2022, but to tinker with the freedom of expression of those behind production of the film on the specious ground that a particular dialogue, the title of the film as well reference to a particular area as a red-light area would hurt the sentiments of the people belonging to the North-Eastern states of the country, people hailing from Kathiawad in Saurashtra, Gujarat and people residing in Kamathipura in South Mumbai.