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2012 Supreme(Del) 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG MANMOHAN SINGH, JJ.
PRAKASH JHA PRODUCTIONS : Appellant
versus
BATA INDIA LIMITED & ORS. : Respondents
FAO(OS) 505/2012
Decided On : October 17, 2012
Mr. Sandeep Sethi, Sr. Advocate instructed by Mr. Ameet B. Naik, Ms. Aparajita Singh
Mr. Harshvardhan Jha, Mr. Ravi Suryavanshi, Ms. Priti Gupta, Advocates.
Mr. Neeraj K. Kaul Sr. Advocate instructed by Mr. P.R. Sikka, Mr. Amnet Sikka, Mr. Sumar Kachwaha, Mr. Raghvendra M. Bajan, Advocates for R-1.
The judgment established the importance of considering the contextual setting and subjective nature of social analysis in interpreting defamation in the context of freedom of speech and expression.
Headnote:
Defamation - Cinematographic Film - Cinematographic Act 1952 - [Defamation] - [Cinematographic Film] - [Cinematographic Act 1952] - The court discussed the issue of defamation in the context of a cinematographic film and a song, highlighting the freedom of speech and expression versus the right of privacy. The court considered the subjective nature of social analysis and the impact of value premises on the cognitive process. It deferred further hearing of the appeal and stayed the operation of the impugned order until a later date.
Fact of the Case:
The appeal challenged an order restraining the release of a cinematographic film containing a song that allegedly defamed a well-known brand name in India. The issue raised was of great public importance in the context of fundamental rights of citizens to freely express themselves on social issues.
Finding of the Court:
The court found that, prima facie, in its contextual setting, the song was not derogatory or defamatory of the brand name. It deferred further hearing of the appeal and stayed the operation of the impugned order until a later date.
Issues: The issues included the interpretation of defamation in the context of a cinematographic film and the freedom of speech and expression versus the right of privacy. The court also considered the impact of value premises on the cognitive process in social analysis.
Ratio Decidendi: The court's decision was based on the prima facie finding that the song, when viewed and heard as a whole, was not derogatory or defamatory of the brand name. The court deferred further hearing of the appeal and stayed the operation of the impugned order until a later date.
Final Decision: The court deferred further hearing of the appeal and stayed the operation of the impugned order until November 07, 2012.
PRADEEP NANDRAJOG, J.
Caveat No.1079/2012
Since counsels as above appear for the respondents caveator, the caveat stands discharged.
CM No.18116/2012
Allowed, subject to just exceptions.
FAO(OS) 505/2012 Page 1of 10 CM No.18115/2012
Allowed. As and when certified copy of the impugned order is available the same be filed.
FAO(OS) 505/2012
1. Admit. Counsel as above accepts notice of admission for respondent No.1.
2. List for hearing on November 07, 2012. CM No.18117/2012
1. The instant appeal challenges order dated October 15, 2012 disposing of IA No. 18245/2012 filed by the respondent No.1 who was the plaintiff.
2. With respect to the cinematographic film titled „Chakravyuh; and relatable to a song sung in the movie being Mehengai, the learned Single Judge has restrained the appellant from releasing the cinematographic film in question which includes the song, if the name of the first respondent would remain in the song.
3. The issue raised in the appeal is of great public importance in the context of fundamental rights of the citizens to freely express themselves on social issues and thus we would be inclined to hear detailed submissions in the appeal but are constrained to pen this short order inasmuch as the cinematographic film in question is scheduled to be released in India on October 24, 2012. Only two more working days remain as per the calendar of this Court before the Autumn recess commences. The appellant seeks a stay of the operation of the impugned order.
4. We are informed that as far as the international premier is concerned, the movie in question has already been launched with a premier show held in London on October 11, 2012 and that the offending lyrics in the song have been on the You Tube by way of promotionals since mid September 2012.
5. Since the appeal came up for hearing today in the forenoon and we do not have the requisite time to view the cinematographic film we take on record the statement made by the learned senior counsel appearing for the appellant as well as for the first respondent that the theme of the cinematographic film is the burning social issue of disparity in the distribution of wealth created in the nation : Fight of values and thoughts between the haves and have nots. We are informed that the textual setting of the cinematographic film reflects a class struggle between the State, which is perceived by a section of the society to be capitalist oriented, vis-à-vis those who believe that the social philosophy of the State should be of a kind which facilitates a fair distribution of the wealth created i.e. meets the need of all and the greed of none. It is this esoteric thematic setting which finds an exoteric expression in the movie which shows to the viewer the struggle between the Maoists and the State.
6. The song is sung in the backdrop of the protagonist/maoist walking the dusty path in an impoverished village. The lyrics of the relevant part of the song in question would read as under:-
“Bhaiya dekh liya hai bahut teri sardari re
Ab to humri baari re naa.....
Mehangai ki mahamaari ne humara bhatta bitha diya
Chale hataane gareebi, gareebon ko hata diya
Sarbat ki tarah desh ko
Sarbat ki tarah desh ko gatka hai gatagat
Aam aadmi ki jeb ho gayi hai safachat
Bhaiya dekh liya hai bahut teri sardari re
Ab to humri baari re naa.....
Bhaiya dekh liya hai bahut teri sardari re
Ab to humri baari re naa.....
Birla ho ya Tata, Ambani ho ya Bata
Sabne apne chakkar mein des ko hai kata
Birla ho ya Tata, Ambani ho ya Bata
Sabne apne chakkar mein des ko hai kata
Are humre hi khoon se inka
Engine chale dhakadhak
Aam aadmi ki jeb ho gayi hai safachat
Aam aadmi ki jeb ho gayi hai safachat
Ab to nahi chalegi teri ye rangdari re
Ab to humri baari re
Ab to nahi chalegi teri ye rangdari re
Ab to humri baari re naa....
Arey re
Ab to nahi chalegi teri ye rangdari re
Ab to humri baari re naa.....”
7. Loosely translated, the lyrics would mean as under:-
“Whether Birla or Tata, Ambani or Bata....
In their own interests,
