1. Writ petition seeking to prevent overseas exhibition of a film without CBFC certification and requesting registration of an FIR for various statutory and penal offences. (Para 1 )
2017 Supreme(SC) 1283
SUPREME COURT OF INDIA
DIPAK MISRA, CJI., A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
MANOHAR LAL SHARMA – Appellant
VERSUS
SANJAY LEELA BHANSALI & ORS. - Respondents
WRIT PETITION (CRIMINAL) NO. 191 OF 2017
Decided on : 28-11-2017.
Important Points
Subject
Constitutional Law - Freedom of Speech and Expression
Act Referred
Headnote
CINEMATOGRAPH ACT, 1952 - Section 3 - Writ petition as to non-exhibition of film 'Padmavati' - Matter regarding grant of certificate and scrutiny of film pending consideration before Central Board of Film Certification - Held, Court cannot pre-judge matter and violate rule of law. Writ Petition is not maintainable.
CONSTITUTION OF INDIA - Articles 19(1)(a), 32 - Freedom of speech and expression - Exhibition of film 'Padmavati' - Films are creation of art and founded on gift of imagination or reality transformed into imagination or vice-versa - Right to freedom of speech and expression is reasonable right and to be exercised objectively on artistic license - Exhibition of film, was allowed.
Legal Category Hierarchy
- constitutional law
- administrative law
- practice and procedure
- crime and sentencing
Table of Contents
2. Petitioner seeks restriction on overseas exhibition and criminal prosecution; respondents contest the foundation of the prayers and the propriety of the pleadings. (Para 1 , 6 , 7 )
3. The court condemned the abuse of public interest litigation, the use of scurrilous pleadings, and the tendency of public officials to pre-judge statutory certification processes. (Para 2 , 4 , 8 , 9 )
4. Artistic licence is a protected facet of freedom of expression, though not absolute, and statutory certification processes must be completed without external prejudice. (Para 9 , 10 , 16 )
5. Writ petition dismissed. (Para 18 )
6. Can a court interfere with a film's release while certification is pending before the CBFC?
No, interference by the court before the statutory authority (CBFC) takes a decision would amount to pre-judging the matter. (Para 5 )
7. What is the legal status of artistic licence in the context of freedom of expression?
Artistic licence is a high-pedestal right allowing creators to depart from reality and use imagination, though it must be judged objectively on a case-to-case basis. (Para 10 )
8. Is the right to freedom of speech and expression absolute?
No right is absolute; the right to freedom of speech and expression is subject to reasonable restrictions as prescribed by law. (Para 13 , 16 )
9. How should public officials behave regarding pending statutory certification processes?
Persons in public responsibility should not comment on pending certification applications, as such utterances can create prejudice and violate the rule of law. (Para 9 )
JUDGMENT :
Dipak Misra, CJI.
The instant writ petition has been preferred under Article 32 of the Constitution of India giving it the nomenclature of public interest litigation basically with twin prayers that a film titled “Padmavati” should not be exhibited in other countries without obtaining the requisite certificate from the Central Board of Film Certification (CBFC) under the Cinematograph Act, 1952 (for brevity, ‘the Act’) and the Rules and guidelines framed thereunder and further to issue a writ of mandamus to the Central Bureau of Investigation (CBI), respondent No.5 herein, to register an FIR against the respondent Nos. 1 and 2 and their team members for offence punishable under Section 7 of the Act read with Sections 153A, 295, 295A, 499 and 500 of the Indian Penal Code read with Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986 and to investigate and prosecute them in accordance with law.
2. It needs to be stated at the outset that the reliefs sought are not only extremely ambitious but also the nature of pleadings in the petition have the effect of potentiality that can erode the fundamental conception of pleadings in a Court of Law. It needs to be stated that neither laxity nor lack of sobriety in pleadings is countenanced in law. The assertions in a petition cannot show carelessness throwing all sense of propriety to the winds. Rambling of irrelevant facts only indicates uncontrolled and imprecise thinking and exposes the inability of the counsel. On certain occasions, it reflects a maladroit design to state certain things which are meant to sensationalize the matter which has the roots in keen appetite for publicity. When these aspects are portrayed in a nonchalant manner in a petition, it is the duty of the Court to take strong exception to the same and deal it with iron hands.
3. We have heard Mr. Manohar Lal Sharma, petitioner-in-person, Mr. Harish N. Salve, learned senior counsel assisted by Mr. Mahesh Agarwal, learned counsel, appearing for the respondent no. 1, and Mr. Shyam Divan, learned senior counsel for the respondent no. 2. We have also taken assistance of Mr. Maninder Singh and Mr. P.S. Narasimha, learned Additional Solicitor General for the Union of India.
4. Having stated so, we may now turn to the controversy. When the matter was called, Mr. Salve, learned senior counsel, who has entered appearance for the respondent No. 1, drew our attention to the dates of events as contained in pages B to E of the petition. Be it noted, a similar matter was filed in a different manner by the same petitioner, forming the subject matter of Writ Petition (Criminal) No. 186/2017 wherein this Court has directed that such pleadings are unwarranted. Resultantly, in that case, a substantial portion of the pleadings was struck off. Despite this, the same have been reiterated in the present petition. Mr. Manohar Lal Sharma, petitioner-in-person, would submit that they are not a part of the pleadings. We are absolutely shocked by such an approach and submission. When a writ petition is filed and the dates of events are mentioned, they definitely constitute a part of the pleadings. It cannot be said that they do not form part of the pleadings. This contention is absolutely untenable. Therefore, keeping in view the nature of the pleadings, we strike off the narrations made in pages B to E (marked as 'X' in the paper book), and further direct that such pleadings shall not be included anywhere in future, and shall not be mentioned anywhere else.
5. On the last occasion, while dealing with the writ petition filed by the petitioner, we had clearly stated that when the grant of certificate is pending before the CBFC, any kind of comment or adjudication by this Court would be pre-judging the matter. We may fruitfully reproduce a passage from the order dated 20.11.2017 passed in Writ Petition (Criminal) No. 186/2017:-
“In the course of hearing, we have been apprised that the film in question, i.e., 'Padmavati' h