IFTIKHAR MISGER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners claim to be respectable citizens of India. Their credentials, as stated in the petition, are that petitioner no.1 is a businessman and a social activist; petitioner no.2 is a freelance journalist and political analyst; and petitioner no.3 is a practicing Advocate and a social activist. It is averred in the petition that this writ petition is filed by them in public interest, with no personal motive or grudge against the respondents.

(2.) The petition relates to the production and screening of a Hindi movie, titled 'Shikara', scheduled to be released today. The movie is stated to be relating the 'painful' event of migration of Kashmiri Pandits from the Valley of Kashmir in 1990. The historical event is described by the petitioners themselves in para 3 of the writ petition which shall be quoted by us at appropriate place in this judgment.

(3.) The case of the petitioners, however, is that the movie, besides showing the 'painful migration of Kashmiri Pandits from Valley', is portraying shabby and cruel picture of the local population, especially of the particular community, which is not only against the actual facts and events, but also has the tendency of hurting the sentiments of all Kashmiris. In this regard, it is stated that the trailers of the movie, which are being screened on television and are also available on the internet, clearly point towards the biased and communal content of the movie. It is averred that whole of the local population, without any distinction between the civilians and militants, has been blamed for the unfortunate migration of Kashmir Pandits from the valley. Giving the transcription of some of the scenes/dialogues of the movie, it is alleged in the petition that these narrations and events depicted in the movie are concocted, and communal in nature and tenor. It is averred that the petitioners see a motive behind the false narration of facts in the movie and the timing of its release throughout the country on 07.02.2020. It is further stated in the petition that the atmosphere in the country is already polarized and emotionally charged. Some people who are ignorant of the events and have never visited Kashmir Valley, after watching the trailers of the movie on the internet have already started blaming particular community for mass migration of Kashmiri Pandits and have already issued a war cry against particular community. It is stated that in case the movie, with its false content, is allowed to be released, many Kashmir Muslims, more particularly students, who are studying in different States of India, are likely to be victimized by different vested interests and ignorant people. Furthermore, it is averred that post August 5, 2019, the security agencies have with hard efforts succeeded in maintaining calm in the Kashmir Valley, but all such efforts are likely to go in vain if the movie, with the concocted and fabricated content, is allowed to be released. According to the petitioners, the content of the movie is against the constitutional ethos.