RAJIV SAHAI ENDLAW, J.

1. In these days of challenge to the bans imposed by the Governmental and Municipal Agencies on various aspects of life being brought before the Courts by the Advocates community, the petitioner, belonging to the same community, has brought this writ petition under Article 226 of the Constitution of India seeking a ban on the screening of the film “MSG-2- The Messenger”, by seeking the reliefs of (i) quashing of the Certificate issued by the respondent no.3 Central Board of Film Certification (CBFC) to the said film; (ii) by seeking a direction to the respondent no.2 Ministry of Home Affairs, Government of India (GOI) to issue appropriate orders to ‘YouTube’ to take down the trailer of the said film from its website; (iii) by seeking a direction to the respondent no.1 Ministry of Information and Broadcasting, GOI to issue appropriate orders to cable and television networks proscribing them from broadcasting the said film or its trailer; and, (iv) by restraining the respondent no.5 Hakikat Entertainment Pvt. Ltd. stated to be the producer of the said film from circulating, distributing, exhibiting, sharing the said film or its trailer in any manner whatsoever.

2. On the plea of the petitioner that the said film is due for release for public viewing day after tomorrow i.e. 18th September, 2015 and that unless interim orders as sought of restraining the same are issued, the writ petition would become in fructuous, the counsel for the petitioner and the learned Additional Solicitor General (ASG) appearing for the respondents no.1 to 3 and 6 i.e. Union of India and CBFC on advance notice have been heard at length.

3. It is the case in the petition:

A. that the petitioner belongs to the Santhal Scheduled Tribe of Jharkhand;

B. that the official trailer of the subject film 2.5 minutes long, uploaded on 27th August, 2015 on ‘You Tube’ discloses the protagonist of the said film to be “ fighting against the wild & primitive lifestyle of tribals and succeeding in turning them into civilized human beings”;

C. that the official trailer begins by stating that the film is based on true events and refers to ‘Adivasis’ as having been declared terrorists by the Government and further states that Adivasis are neither humans nor animals but “Shaitaans” who have to be converted into “Insaans”;

D. in the trailer, the protagonist Saint Gurmeet Ram Rahim Singh Ji Insan is shown as a masiha who has undertaken the task of civilizing the Adivasis by using violence against the Adivasis; E. that the trailer of the subject film is also being repeatedly shown on television on various channels as a promotion / advertisement;

F. that the subject film has been granted “U/A” certification by the respondent no.3 CBFC; and,

G. that the grant of certificate to the subject film is bad in law.

4. The counsel for the petitioner has drawn attention to the Guidelines for Certification of Films for Public Exhibition issued on 6th December, 1991 by the GOI in exercise of powers conferred by Section 5B(2) of the Cinematograph Act, 1952 inter alia requiring the respondent no.3 CBFC to ensure that:

(a) pointless or avoidable scenes of violence, cruelty and horror, scenes of violence primarily intended to provide entertainment and such scenes as may have the effect of de-sensitising or de-humanising people are not shown;

(b) human sensibilities are not offended by vulgarity, obscenity or depravity;

(c) such dual meaning words as obviously cater to baser instincts are not allowed; and,

(d) visuals or words contemptuous of racial, religious or other groups are not presented and visuals or words which promote communal, obscurantist, anti-scientific and anti-national attitude are not presented.

Attention is next invited to Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 making, insulting or intimidating with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within p