IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. Praveen Kumar, M. Satyanarayana Murthy, JJ.
Chegudi Ashok Babu and Ors. - Appellants
Vs.
Karunakar Sugguna and Ors. - Respondents
WP(PIL) No. 80 of 2019
Decided On : 02-08-2019
Information Technology Act, 2000 – Section 66, 66-A, 79, 79(3)(b) – Information Technology Act and Rules – Rule 3 – Penal Code, 1860 – Section 295-A – Constitution of India – Article 25 & 226 – Petition filed pro bono publico/Public Interest Litigation claiming writ of mandamus declaring action of respondents 1 &2 as violation of Freedom of Religion provided under Article 25 of Constitution to direct respondent 3 to 6 to take necessary action against respondent 1 &2 and 7 & 8 for releasing abusive teaser against belief of Christian Community by deleting teaser from "You Tube" Channel and to stop release of short film, which is scheduled to be released on 27th day of April, 2019 – Held, Some screen shots disclosed that person resembling Jesus was with another woman in Saree with word "my sweet darling” – Basing on such screen shots, it is difficult to hold that such act intrinsically dangerous to public interest Mere remote danger not sufficient to issue writ of mandamus – Alleged release of teaser "Nene Devunni" not infringe fundamental right guaranteed under Article 25 of Constitution of India and there is no remote danger to society at large on account of release of teaser "Nene Devunni" or short film – It is left open to petitioner to lodge appropriate report with police for offence punishable under Section 295-A of IPC and issue notice of "cease and desist" to headquarters of YouTube, which is subsidiary of Google calling upon them to block teaser and short film by name "Nene Devunni" – In event of failure to comply with demand made by petitioners, petitioners may approach civil Court and seek direction against respondent No. 7 to block teaser "Nene Devunni" and block access to short film "Nene Devunni" – If any such order is passed by competent civil Court, it is for respondent No. 7 to take appropriate action – Petition disposed of . (Paras: 38,47,48 & 49)
Facts of the case:
Petition filed pro bono publico/Public Interest Litigation claiming writ of mandamus declaring action of respondents 1 &2 as violation of Freedom of Religion provided under Article 25 of Constitution to direct respondent 3 to 6 to take necessary action against respondent 1 &2 and 7 & 8 for releasing abusive teaser against belief of Christian Community by deleting teaser from "You Tube" Channel and to stop release of short film, which is scheduled to be released on 27th day of April, 2019.
Findings of the court:
Some screen shots disclosed that person resembling Jesus was with another woman in Saree with word "my sweet darling” – Basing on such screen shots, it is difficult to hold that such act intrinsically dangerous to public interest Mere remote danger not sufficient to issue writ of mandamus – Alleged release of teaser "Nene Devunni" not infringe fundamental right guaranteed under Article 25 of Constitution of India and there is no remote danger to society at large on account of release of teaser "Nene Devunni" or short film – It is left open to petitioner to lodge appropriate report with police for offence punishable under Section 295-A of IPC and issue notice of "cease and desist" to headquarters of YouTube, which is subsidiary of Google calling upon them to block teaser and short film by name "Nene Devunni" – In event of failure to comply with demand made by petitioners, petitioners may approach civil Court and seek direction against respondent No. 7 to block teaser "Nene Devunni" and block access to short film "Nene Devunni" – If any such order is passed by competent civil Court, it is for respondent No. 7 to take appropriate action.
Result: Petition disposed of
JUDGMENT :
M. Satyanarayana Murthy, J.
1. Rev. Dr. Chegudi Ashok Babu @ Joshua Daniel and Rev. Dr. Nallapu Johnson filed this writ petition under Article 226 of the Constitution of India as pro bono publico/Public Interest Litigation claiming writ of mandamus declaring the action of the respondent Nos. 1 and 2 as violation of Freedom of Religion provided under Article 25 of the Constitution of India and to direct the respondent Nos. 3 to 6 to take necessary action against the respondent Nos. 1 and 2 and to direct the respondent Nos. 7 and 8 to take action against the respondent Nos. 1 and 2 for releasing the abusive teaser against the belief of the Christian Community by deleting the teaser from "You Tube" Channel and to stop release of the short film, which is scheduled to be released on 27th day of April, 2019.
2. The petitioners alleged that they are Pastors of churches and having membership in their fellowship to protect their rights. They are the followers of Jesus Christ and they believe Jesus Path. The churches and the pastors having membership and fellowship are having clear circulars and rules regarding their maintenance for the protection of their fellowship, establishments and community. They never interfered into any community issues in the society and leading a peaceful life with all rights provided by the Indian Constitution and they never even tried to disturb rights of other individuals, institutions or any organizations. The petitioners never disturbed any particular community in any aspect and moreover they are having respect towards the communities in the country. They established their fellowship, registered under the Societies Registration Act. One of the objects of the society is to protect and safeguard their religious rights. Recently on 4.3.2019 one teaser (Trailer) was released by a production named "Siva Sakthi Creations" i.e., respondent Nos. 1 and 2 through the Electronic Media, having title as "Nene Devunni" with a caption "antha abaddam" and one Karunakar Sugguna is the writer and director and the same was released in a website https://shivashakthi.org virally all over the world defaming their religious, devotional feelings about Jesus. In the trailer "2nd coming of Jesus" was shown in a different way i.e., totally contradicting the Holy Bible which was followed by crores of people throughout the world. The basic motive of the Producer and Director in releasing such teaser is to divert the devotees mind set from the scriptures given by the Holy Bible. The said teaser is created by its Producer and Director is only to defame the inner feelings of particular religious people and the intention of the Producer and Director is clearly shown in the teaser and they want only gathered some other bigots and created the short film with an intention to create religious disturbances in the society during election time and to create nuisance between two communities.
3. The said teaser is wholly contrary to the Holy Bible and its object is different in toto. It is clear that if the short film created by the above said "Siva Sakthi Creations" is allowed to be released through the website link, it is dangerous to the society and damage to a particular religion and also hurts the feelings of the Christians, non-Christians and the followers of Jesus Christ.
4. It is the specific contention of the petitioners that practicing of particular religion or following particular religion is a fundamental right guaranteed under the Constitution of India, but the respondent Nos. 1 and 2 in utter violation of their fundamental right guaranteed under the Constitution of India, are trying to release teaser which humiliate and insult the religious faith in the secular state, which was provided under the Constitution.
5. The petitioners approached the respondent Nos. 3 to 7 with various representations to take necessary action against the act of the respondent Nos. 1 and 2, but they have not deleted the abusive teaser released by the r
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