ORDER :

(Pushpendra Singh Bhati, J.)

Heard learned counsel for the parties on stay application No.7072/2023.

2. By filing the stay application, the applicants/petitioners have claimed the following reliefs:-

"It, is therefore, most respectfully prayed by the humble petitioners that, pending the final disposal of this writ petition, the respondents may kindly be directed not to release Film "Sirf Ek Banda Kaafi Hai", in any cinema houses or any other platform including OTT platform, across the country and state of Rajasthan, being hit by the provisions of law and which directly infrings fundamental rights of petitioner and of lakhs of devotees and followers of petitioner Asaram Bapu and hurts the Hindu Religions sentiments and its trust founded by it.

Any other appropriate relief deemed fit in the facts and circumstances, may kindly be passed in favour of the petitioner."

3. As the averments made in the stay application would reveal, the applicants/petitioners seeking a direction by this Court in the nature of ban/restraint on release of a Film/Movie, namely, "Sirf EK Banda Kaafi Hai" (in short, 'movie in question produced and directed by the respondents no.7 & 8; the Movie in question, primarily based on a single trial case against the accused-petitioner no.2.

3.1. The petitioner was convicted by the learned Trial Court for the offences under the INDIAN PENAL CODE ,1860 (IPC) and Protection of Children from Sexual Offences Act, 2012 (POCSO Act); the appeal preferred against such conviction is pending adjudication before this Hon'ble Court.

3.2. The Teaser/ Trailer of the movie in question was released on 08.05.2023 and the movie was released on 23.05.2023 at 12:00 a.m. over the OTT Platform.

4. Learned counsel for the applicants/petitioners submitted that the contents of the movie in question are highly objectionable, as amongst others, obscene language has been used therein against the petitioner no.2 by portraying him as "Ravan", who allegedly has committed heinous crime. Therefore, as per learned counsel, the movie in question has been produced, directed and released so as to cause irreparable damage to the reputation and dignity of the petitioners.

4.1. Learned counsel also submitted that prior to release of the movie in question, a legal notice was served by the petitioners upon the respondents (producer and director of the movie) as well as the Central Board of Film Certification (CBFC), but the same was never replied by them, instead the movie was released on the OTT Platform on 23.05.2023.

4.2. Learned counsel further submitted that the release of the movie in question is a violation of the Section 228-A of the IPC; and more particularly, Section 23 of the POCSO Act, which, amongst others, provides that, "No person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his reputation or infringing upon his privacy."

4.3. Learned counsel also submitted that various newspapers and other social media platforms have congratulated the respondents in connection with the movie in question, which was produced on the life of the petitioner no.2, and thus, the said fact of the movie being produced on the life of petitioner no.2 cannot be denied by the respondents.

4.4. Learned counsel further submitted that production of the movie in question is also an apparent violation of the right to privacy, which is part of the life and dignity, as provided under Article 21 of the Constitution of India.

4.4.1. As per learned counsel, in the present case, the criminal appeal preferred by the petitioner no.2 against the judgment and order of his conviction is pending before this Hon'ble Court, and therefore, till pendency of the said appeal, the respondents (producer and director), ought not to have produced and released the movie in question, that too, despite being prohibited by the aforementio