Judgment

SABYASACHI MUKHARJI, J. - This writ petition was disposed of by our Order dated 1st of February, 1988; we was indicated therein that we will give our reasons shortly. This we do by this judgment.

2. The Writ Petition No. 107 of 1988 is a petition under Article 32 of the Constitution. The petitioner is a practising advocate of the Bombay High Court. He approached this Court by means of the petition under Article 32 of the Constitution for issue of a writ in the nature of Prohibition or any other appropriate order restraining the respondents, namely the Union of India, the Director General of Doordarshan, New Delhi, Blaze Advertising Pvt. Ltd. and Govind Nehalani, being the producer from telecasting or screening the serial titled "Tamas" and to enforce petitioners fundamental rights under Articles 21 and 25 of the Constitution and declaring the screening or televising of "Tamas" as violative of Section 5B of the Cinematograph Act, 1952.

3. One Javed Ahmad Siddique filed a writ petition in the High Court of Bombay being Writ Petition No. 201 of 1988. The same came up before a learned Single Judge of the High Court of Bombay who while admitting the same on 21st of January, 1988 had granted stay of further telecasting of the said serial on T.V. till further orders. The respondents herein challenged the said order before the Division Bench of the Bombay High Court. The two learned Judges, namely, Justice Lentin and Justice Mrs. Sujata Manohar saw the complete serial on 22nd of January, 1988 and vacated the stay by an order dated 23rd of January, 1988. The judgment is impugned in the special leave petition which is taken on board and is also disposed of by this common judgment. It may also be mentioned that four episodes of said serial have already been telecast.

4. The petitioner states that the exhibition of the said serial is against public order and is likely to incite the people to indulge in the commission of offences and it is therefore, violative of Section 5B(1) of the Cinematograph Act, 1952 (hereinafter called the Act) and destructive of principle embodied under Article 25 of the Constitution. It is also contended that under Section 153A of the Indian Penal Code, this presentation is likely to promote or attempts to promote, on grounds of religion, caste or community, disharmony or feelings of enmity, hatred or ill-will among different religious, racial, language or regional groups or castes, or communities and further is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups and incite people to participate or trains them to the use of criminal force or violence or participate in such criminal acts. So, therefore, it is an offence under Section 153A of the Indian Penal Code. Our attention was drawn to Section 153B of the Indian Penal Code and it was submitted that the serial is prejudicial to the national integration.

5. Serial "Tamas" depicts the Hindu-Muslim tension and Sikh-Muslim tension before the partition of India. It further shows how the killings and looting took place between these communities before the pre-independence at Lahore. "Tamas" is based on a book written by Sree Bhisham Sahni. It depicts the period prior to partition and how communal violence was generated by fundamentalists and extremists in both communities and how innocent persons were duped into serving the ulterior purposes of fundamentalists and communalists of both sides and how an innocent boy is seduced to violence resulting in his harming both communities. It further shows how extremist elements in both communities infused tension and hatred for their own ends. That is how the two learned Judges of the High Court of Bombay mentioned hereinbefore have viewed it. They have also seen that realisation ultimately dawns as to the futility of it all and finally how inherent goodness in human mind triumphs and both communities learn to live in amity. They saw that the people learnt this lesson