JOSEPH DIAS Vs. VINOD PANDEY

JUDGEMENT

(1.) Writ Petition (L) No. 582 of 2005 is filed by two individuals who claim to be office bearers of one Catholic Secular Forum. Writ petition (L) No. 585 of 2005 is filed by the Bombay Catholic Sabha, a Public charitable Trust and its President. Both these petitions are about an Indian film made in English language by name "sins", which is to be released tomorrow, i. e. Friday, 25th February, 2005. Both these petitions are filed on the basis of the promotion material of this film and the news reports about the same as they have appeared in various newspapers as well as T. V. Channels. The petitioners point out that in all this promotion material, there is a depiction of a catholic priest with a lady, both in a semi-nude condition. The lady is wearing a cross around her neck and the priest is holding a rosary and is in a priestly dress. It is submitted (hat this kind of vulgar depiction may bring down the institution of the priesthood and the church and it would lead to a wrong opinion about both of them. The advertising material is annexed to the petitions. It is submitted that it affects the sentiments of the catholic community which is otherwise a peace living community. The petitions submit that though the film maker may have the freedom of expression, the limits of such freedom ought to be examined.

(2.) A reply has been filed by one Mr. Vinod Pandey, respondent No. 1, who is the Director of this film. In para 9 of this reply, it is stated that the story of the film is a fictional one and inspired by a true life incident reported in detail by the press. A reference is also made to some similar aberrations by priests which led to some Court cases in the High Courts and to the Apex Court as well. At page 28 of this reply is annexed a synopsis of the story of the film. The film is about one William in his late thirties who is a priest in a small town. Rosemary, a young girl in her twenties, comes in his contact. Although he was initially just a benefactor to her, later on a deeper relationship develops between them. It leads to some kind of a feeling of guilt and self-persecution also, yet they are not in a position to keep away from each other and that leads to further relationship leading to three abortions of the lady and they become an object of gossip in the locality. Faced with this problem, William proposes that she should get married with some another person who will permit the relationship between Rosemary and William. Such marriage is arranged, but Rosemary, who had initially agreed to such arrangement, starts appreciating the personality of her husband. She seeks freedom from William. Both of them elope to Mumbai. William does not approve of this development. He is of the view that Rosemary's mother is a conspirator and kills her. Subsequently, on his command the assailants attack rosemary and she is also done to brutal death. The film ends in the sentence to death of William and in the Court he makes an emotional confession to the bereaved husband of Rosemary.

(3.) In the reply, various other documents are annexed, but essentially though it is submitted that such problems are coming up, it is stated that this is a story of two individuals and this is something which can happen to anybody who takes a vow of celibacy to land into a problem of this type. It is submitted that the scenes, which are semi-nude or otherwise, were necessary and inasmuch as the main protagonist was a priest and his girl friend was a christian girl, he is dressed in the Christian religious way and the lady is wearing the cross.