Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art.32 - Writ petition (PIL) - Seeking direction of the court not to exhibit a fiIm 'Padmavati |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India: Art.32 - Writ petition (PIL) - Seeking direction of the court not to exhibit a film "'Padmavati" in other countries without obtaining the requisite certificate from Central Board of Film Certification (CBFC) and further to direct CBI lo register an FIR ulss. 7 of Cinematograph Act r/w ss. 153A. 295, 295A, 499 and 500 !PC rlw. s 4 of Indecent Representation of Women (Prohibition) Act, 1986 - 0 Held: The petition is liable ta he dismissed - As the scrutiny of the film is pending before CBFC, the prayers made by the petitioner have no foundation - As regards registration of FIR by CBI is concerned, police has no role in respect of ss. 499 and 500 !PC - So far as other offences are concerned, no offence is made out - Thus, there is no basis to direct registration of an FIR. Art.19(l)(a) - Freedom of Speech and Expression - No right is absolute, but the fetters for enjoying the rights should be reasonable - The court has to see what kinds of fetters are being imposed and the impact of the same - A story told on celluloid or a play enacted on a stage or a novel articulated in a broad and large canvas or epic spoken with eloquence. or a poem sung with passion or recited with rhythm has many a layer of freedom of expression o/ thought that required innovation, skill craftsmanship and individual originality - The creative instinct is respected and has the inherent protective right i.e. artistic licence.- Artistic licence has to be put on high pedestal, built~e same has to be judged objectively on case to case basis. Public Interest Litigation: The hunger for publicity or some other hidden motive should not propel one to file a PIL - They sully the temple of justice and intend to crea(e dents in justice dispensation sysrem - Such petition should not be filed to abuse others - The present case is abuse ofPublic interest Litigation.Pleadings:Constituents of pleadings - Held: When a writ petitionmentions date$ of events, they constitute part of the pleadings.Nature of pleadings - Held: Neither laxity nor lack of sobrietyin pleadings is countenanced in law - Rambling of irrelevant factsindicates uncontrolled and imprecise thinking, and on certainoccasions reflects a maladroit design to state certain things whichare meant to sensationalise the matter - It is the duty of the Court totake strong exception to such aspects in a pleading - The pleadingsin the preset case are absolutely scurrilous, vexatious anduntenable in law. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 1156 |
Petitioner | Manohar Lal Sharma |
Respondent | Sanjay Leela Bhansali & Ors. |
SCR | [2017] 11 S.C.R. 111 |
Judgement Date | 2017-11-28 |
Case Number | 191 |
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