Swatanter Kumar, C.J.

1. The Petitioner is an actor and producer and has produced a film titled as 'Deshdrohi'. This picture was floated for release with effect from 14th November, 2008 while production of the film was completed in January 2008. The State of Maharashtra took a decision to suspend exhibition of this picture on and from 14th November, 2008 and passed an order dated 12th November, 2008. In this order it was stated that in the film North Indians have been referred to as "Bhaiyyas" in a derogatory manner by the locals, several scenes denigrate North Indians and the overall view and the contents appear inflammatory. The Film Certificate Appellate Tribunal vide order dated 11th October, 2008 granted a 'U' Certificate to the film subject to certain dialogue modifications at five instances. All these changes have been made. The Principal Secretary to the Government of Maharashtra (Home Department) then proceeds to notice that the theme of the film and its impact remains unchanged. Following operative part of the order can usefully be referred at this stage:

“There are strong reasons to believe that if exhibited the film will in all likelihood inflame passions an