Hamare Baarah
TEASER IS OFFENSIVE, CBFC FAILED TO DO ITS JOB: SUPREME COURT
WHAT HAPPENED
On Thursday, the Supreme Court stayed the release of the film Hamare Baarah, taking note of a petition that alleged the film is derogatory towards the Islamic faith and married Muslim women in India. “Until disposal of the petition before the (Bombay) High Court, screening of the movie in question shall remain suspended,” the SC bench ordered, disposing of the petition.
During the hearing, the judges said that they watched the teaser of the movie and found it to be offensive. “Today morning we have seen the teaser. It is as such with all those objectionable materials. The teaser is available on YouTube. The teaser is so offensive that the High Court granted an interim order… We’re convinced that the CBFC, which is the statutory body entrusted under the Act, has failed to do its job,” said the vacation bench of Justice Sandeep Mehta and Justice Vikram Nath.
Background
A writ petition was filed before the Bombay High Court against the CBFC, seeking to revoke the certification given to the film. The petitioner said, “the trailer portrayed married Muslim women as having no independent rights as individuals in society.”
The CBFC argued in the HC that the certification for the film was granted after following all procedures and claimed that the objectionable scenes and dialogues were deleted and that the trailers of the film (referred to by the petitioner) were not certified trailers. The Bombay HC restrained the makers from releasing the film until June 14. The HC also directed a three-member review committee to watch the film and comment. As the committee asked for time for a detailed response, the HC allowed the release of the film. Following which, the petitioner moved the Supreme Court.
Court protected Karan Johar’s personality rights
UNLAWFUL USE OF KARAN JOHAR’S NAME: BOMBAY HC
WHAT HAPPENED
On Thursday, the Bombay High Court restrained the release of the film Shaadi Ke Director Karan Aur Johar based on Karan Johar’s plea. Karan filed the suit seeking a permanent injunction against the filmmakers to stop them from using his name in the title.
The court said, “The use of the word ‘director’ with ‘Karan Johar’, prima facie makes it evident that the makers are using the personality of Karan Johar. They are thus creating confusion in the minds of the public at large that the subject film is associated with Karan Johar.” Noting that courts have protected the personality rights of celebrities, the court added, “The makers by making an unauthorized/unlawful use of Karan Johar’s name and personal attributes have in my prima facie view violated the personality rights, right to publicity and right to privacy.”
Background
Senior advocate Zal Andhyarujina appeared for Karan and argued that there is a violation of the personality rights of a celebrity. He cited the personality rights cases of Rajinikanth and Anil Kapoor, stating that as the title of the film directly made reference to Karan’s name, it violates his personality rights, as well as his rights to publicity and privacy. He also argued that by using Karan’s ‘brand name’ in an unauthorised manner, the makers were riding on his goodwill and reputation.
Parag Khandhar, of DSK Legal, representing Karan Johar, said, “The makers were served notices by email, WhatsApp, Facebook, and even hand-delivered, but they did not respond or appear before the court.” The court noted, “It is obvious from the conduct of the makers that they have not bothered to contest the claim of Karan Johar or appear before this court.”
Gujarat HC stays release of Maharaj
MOVIE WOULD HURT RELIGIOUS SENTIMENTS, LIKELY TO CAUSE UNREST: GUJ HC
WHAT HAPPENED
On Thursday, the Gujarat HC stayed the release of Maharaj, starring Jaideep Ahlawat and Junaid Khan. The film, directed by Malhotra P. Siddharth, was scheduled to be released on June 14, but a day before the release, the Gujarat HC temporarily restrained it.
The decision came in response to a plea filed on behalf of followers of the Pustimargi sect, who argued that the film could disrupt public order and incite violence. The petitioners have raised objections on the grounds that excerpts of the movie has “scandalous and defamatory language, which affects the Pustimargi sect as a whole.” The court has also issued notices to YRF, Netflix, and Aamir Khan’s son Junaid Khan, who is making his debut with the film.
The court said, “Considering the reach of OTT platforms and immediate wide distribution throughout the world, it would be rather impossible to rectify the damage caused by the release of the movie Maharaj. If the relief is not granted, petitioners are likely to suffer irreparable injury for, the reputation of the Pustimargi sect, would be affected. Also, the release of the movie, would hurt the religious sentiments and is likely to cause public unrest, adversely impacting the public order.”
Background
The movie is based on the Maharaj Libel Case of 1862, rendered by British judges. The libel case was filed by religious leader Jadunathji Brijratanji Maharaj against social reformer and journalist Karsandas Mulji for writing an article that accused the Maharaj of sexual misconduct. The libel case stirred unprecedented interest in the public and the judgment was in favour of Mulji.
