JUDGMENT

Vinod S. Bhardwaj, J. (Oral) - The instant writ petition invokes jurisdiction of this Court for cancellation of the Certificate granted by Central Board of Film Certification granted to the Punjabi Movie titled 'Masand' stated release on 10th of November 2022 on the ground that the same is likely to promote against the values, religious symbols and sentiments of Sikh religion and promote community hatred as the trailer of the movie shows the character of villain to draw similarity with life of a deceased Jathedar Ajit Singh Poohla (Head of Nihang Sect, Tarna Dal), who was murdered by some radical elements and glorifies the murderers to have done the right thing.

2. The averments as contained in the petition shows that the petitioner, who is present Jathedar/Head of Nihang Singh Jathebandi Group namely Tarna Dal Misl Shaheed Bhai Taru Singh Poohla and is a practising Nihang following all the customs and rituals of a life of Nihang Sikh. It is averred that there are various groups of Nihangs living in Punjab and all across the country with their distinct identity customs and rituals. The aforesaid Nihang groups have always promoted peace and harmony in society and abide by the laws of the country.

3. The petitioner claims to have watched the trailer of the aforesaid movie titled 'Masand' on a YouTube channel. The movie is promoted by its producer Living Dreams Entertainment and G.K. Digital. The portrayal of villain of the movie draws resemblance from Ajit Singh Poohla, the former Jathedar of Tarna Dal. It is pointed out that Chief of Nihang Jathebandi wear a Turban in a specific style giving a distinct identity showing the ranking of the Jathedar. He is shown in the movie wearing a Pharla (Turban) in the manner worn by Tarna Dal which is strikingly similar to the Pharla worn by Leader of their Nihang Singh Jathebandi and such portrayal is to the detriment of the tenets of Sikhism. It is further contended that misleading depiction of real life character of Baba Ajit Singh Poohla has been undertaken in the movie for vilification of their head, which is defamatory in context and that it seems to justify and glorify an act of murder. Additionally, it is pointed out that the poster of the movie itself claims to be inspired by true events and uses the claim 'Sadde Qatal Nhi Sodhna Kehande Ne' (i.e. we don't call it a murder but a correction).

4. It has been claimed that the feelings of the Nihang Singhs and people of Punjab in generally would be greatly hurt in the event the Nihang Sikhs are depicted in a negative manner and the same is likely to reduce the status, respect and image of the Nihang Singhs, notwithstanding the sacrifices made by them.

5. Notice of motion.

6. Mr. Dheeraj Jain, Advocate enters appearance on behalf of respondents No.1 to 4 and accepts notice.

7. Mr. Saurav Verma, Addl. A.G., Punjab and accepts notice on behalf of respondent No.5 to 7 and accept notice.

8. Mr. Amit Jhanji, Sr. Advocate with Mr. Shashank Shekhar Sharma, Advocate appears on behalf of respondents No.8 to 14 and accept notice.

9. The counsel for the respondents contend that going by the averments contained in the petition and the fact that only a legal question arises for consideration, there is no necessity for filing of any separate responses and that they are ready for arguments on the basis of averments raised herein. Hence, the arguments were heard without any formal written responses.

10. Counsel for the petitioner has vehemently argued that Nihang Singhs are integral to Sikh religion and any negative portrayal of a Nihang Jathedar would be insinuating the practisin