SIDDIQUA BEGUM KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is finally heard.

(2.) This petition under Article 226 of the Constitution of India has been preferred by the petitioner for restraining the respondents from releasing, screening, promoting or publishing the film "Haq" or any derivative thereof and for directing respondent No.2, the Central Board of Film Certification (CBFC) to withhold or revoke certification of the film pending verification of consent from legal heirs of Late Smt. Shah Bano Begum.

(3.) As per the petitioner, she is the daughter and surviving legal heir of Late Smt. Shah Bano Begum. Respondents No.3 to 6, who are producers and distributors, have proposed release of motion picture "Haq" which explicitly dramatizes the personal and matrimonial life of her late parents without her knowledge or consent. The film is slated for release on 7/11/2025. It employs fabricated, sensationalized and false portrayals based on unverified material, which is evident from teaser of the movie released on 23/9/2025 followed by its Trailer released on 23/10/2025. Upon learning of the fact of release of the teaser, the petitioner issued a legal notice on 6/10/2025 to the respondents calling for abeyance from release of the film which was replied to by them on 14/10/2025 denying the allegations. The only authentic public record relating to the family is the judgment of the Apex Court in Mohammad Ahmed Khan Vs. Shah Bano Begum, 1985 (2) SCC 556 which contains purely legal findings and no personal or domestic details. However, the teasers and trailers of the film misappropriates the judgment's moral legacy to weave a fictional narrative that distorts the personalities and private lives of the individuals involved. The experiences of late Shah Bano Begum are not part of any public record and were never meant to be dramatized or commercialized for entertainment. The sole objective of the respondents is to commercialize her personal life. The script and dialogues of the movie are fabricated and are not drawn from any legitimate or judicial source. The revival of late Shah Bano's suffering has caused the petitioner grave emotional trauma. The petitioner has approached this Court to prevent the desecration of a sacred memory and has hence preferred this petition.