KAMAL R KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is an actor and producer and has produced a film titled as 'Deshdrohi'. This picture was floated for release with effect from 14th November, 2008 while production of the film was completed in January 2008. The State of Maharashtra took a decision to suspend exhibition of this picture on and from 14th November, 2008 and passed an order dated 12th November, 2008. In this order it was stated that in the film North Indians have been referred to as "Bhaiyyas" in a derogatory manner by the locals, several scenes denigrate North Indians and the overall view and the contents appear inflammatory. The Film Certificate Appellate Tribunal vide order dated 11th October, 2008 granted a V Certificate to the film subject to certain dialogue modifications at five instances. All these changes have been made. The Principal Secretary to the Government of Maharashtra (Home Department) then proceeds to notice that the theme of the film and its impact remains unchanged. Following operative part of the order can usefully be referred at this stage:

(2.) The legality of this order was questioned by the petitioner by filing a writ petition in this Court which came to be registered as Writ Petition (Lodging) No. 2652 of 2008. A Division Bench of this Court while disposing of the writ petition did not quash the order dated 12th November, 2008, but directed a post decisional hearing to the petitioner and the respondents were directed to take all aspects into consideration, noting that the petitioners were willing to delete any objectionable portion from the picture if directed by the authorities concerned. The respondents were required to pass an order by 20th November, 2008. Of course liberty was granted to the petitioner to challenge the order if adverse to the interest of the petitioner.

(3.) The respondents granted a hearing to the petitioner and relying upon certain letters, particularly upon a letter written by the Additional Commissioner of Police dated 18th November, 2008 to the Additional Chief Secretary (Home) an order was passed on 20th November, 2008 extending the order of suspension. The order dated 20th November, 2008 confirmed the earlier order dated 12th November, 2008 and maintained the period of suspension for a period of sixty days i.e. till 11th January, 2009. The petitioners felt aggrieved from this order and have filed the present writ petition challenging the correctness of this order on various grounds. Another Writ Petition being (Lodging) 2773 of 2008 was filed by a wing of a Society, Right to Read Foundation, challenging the order dated 12th November, 2008 on the ground that the order was erroneous, arbitratory and amounts to interfering with the right of the common man to exhibit and see films, in terms of Article 19(l)(a) of the Constitution of India. This latter writ petition hardly survived as the earlier order dated 12th November, 2008 was followed by the order dated 20th November, 2008.