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2025 Supreme(Online)(Del) 48741

IN THE HIGH COURT OF DELHI AT NEW DELHI


Date of Decision: 31.01.2025


W.P.(C) 1192/2025 and CM APPL. 5782/2025


SAHIL PARVEZ & ORS. .....Petitioners


Through: Mr. Mehmood Pracha, Mr. Sanawar, Mr. Jatin Bhatt, Mr. Kshitij Singh, Mohd. Hasn, Mr. Nujhat Naseem and Ms. Heema, Advs.


versus


UNION OF INDIA & ORS. .....Respondents


Through: Mr. Chetan Sharma, ASC, Ms. Nidhi Raman, CGSC, Mr. Amit Gupta, Mr. Arnav Mittal, Mr. Zubin Singh, Mr. Aakash Mishra, Mr. Shubham Sharma and Mr. Vikramaditya Singh, Advs. for R-1/UOI.

Mr. Jayant Mehta, Sr. Adv., Mr. Kushagra Singh, Ms. Rudrali Patil, Mr. Abhishek Singh, Mr. Anmol Agarwal, Mr. Prateek Arora, Mr. Vikramaditya Sanghi and Mr. Abhishek Singh, Advs. for R-3.


W.P.(C) 1211/2025 and CM APPL. 5928/2025


SHARJEEL IMAM .....Petitioner


Through: Ms. Warisha Farasat, Mr. Ahmad Ibrahim, Mr. Talib Mustafa, Ms. Ayesha Zaidi and Ms. Mreganka Kukreja, Advocates.


versus


UNION OF INDIA & ORS. .....Respondents


Through: Mr. Chetan Sharma, ASG, Ms. Radhika Biswajit Dubey, CGSC, Mr. Amit Gupta, Ms. Gurleen Kaur, Mr. Shubham Sharma and Mr. Vikramaditya Singh, Advs. for R-1.

Mr. Amit Prasad, Special Counsel for R-3, Inspector Suhaib Ahmad Farooqui, Special Cell, Lodhi Colony.

Mr. Jayant Mehta, Sr. Adv., Mr. Kushagra Singh, Ms. Rudrali Patil, Mr. Abhishek Singh, Mr. Anmol Agarwal, Mr. Prateek Arora, Mr. Vikramaditya Sanghi and Mr. Abhishek Singh, Advs. for R-4 to 8.


W.P.(C) 1263/2025 and CM APPL. 6250/2025, 6251/2025


UMANG .....Petitioner


Through: Dr. Amit George, Mr. Praful Bhardwaj and Ms. Rupam Jha, Advs.


versus


UNION OF INDIA AND ORS & ANR. .....Respondents


Through: Mr. Chetan Sharma, ASG, Ms. Radhika Biswajit Dubey, CGSC, Mr. Amit Gupta, Ms. Gurleen Kaur, Mr. Shubham Sharma and Mr. Vikramaditya Singh, Advs. for R-1.

Mr. Sidhant Kumar and Mr. Om Batra, Advs. for R-3.

Mr. Jayant Mehta, Sr. Adv., Mr. Kushagra Singh, Ms. Rudrali Patil, Mr. Abhishek Singh, Mr. Anmol Agarwal, Mr. Prateek Arora, Mr. Vikramaditya Sanghi and Mr. Abhishek Singh, Advs. for R-7 to 12.


W.P.(C) 1275/2025 and CM APPL.6294/2025, 6295/2025


MOHD. REHAN @ ARSHAD PRADHAN .....Petitioner


Through: Mr. Abhishek Budhiraja, Advocate.


versus


UNION OF INDIA AND ORS. .....Respondents


Through: Mr. Chetan Sharma, ASG, Ms. Radhika Biswajit Dubey, CGSC, Mr. Amit Gupta, Ms. Gurleen Kaur, Mr. Shubham Sharma and Mr. Vikramaditya Singh, Advs. for R-1.

Mr. Sidhant Kumar and Mr. Om Batra, Advs. for R-3.

Mr. Jayant Mehta, Sr. Adv., Mr. Kushagra Singh, Ms. Rudrali Patil, Mr. Abhishek Singh, Mr. Anmol Agarwal, Mr. Prateek Arora, Mr. Vikramaditya Sanghi and Mr. Abhishek Singh, Advs. for R-7 to 12.


CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA


SACHIN DATTA, J. (ORAL)

SACHIN DATTA, J. (ORAL)

1. These petitions raise a common grievance viz. that a Movie titled as “2020 Delhi” (hereinafter ‘the Movie’), of which a ‘trailer’ is accessible on social media, depicts a highly prejudicial and distorted account of the riots that took place in North-East Delhi in February, 2020, and thereby create a false and disruptive narrative having serious repercussions.

2. It is further submitted by the petitioners in these petitions that the Movie will severely prejudice the ongoing trial in respect of the events/ incidents that took place in North-East Delhi in February 2020. In W.P.(C) 1192/2025, the petitioner has gone to the extent of contending that the same will tend to interfere in the administration of justice and, therefore, falls within the sweep of Section 2(c) of Contempt of Court Act, 1971.

3. The petitioners in each of these petitions further submit that the Movie trailer is being widely circulated on online platforms, and the same by itself presents a distorted, erroneous, and false narrative.

4. The petitioner in W.P.(C) 1211/2025 has articulated a further grievance that the petitioner has been singled out, for being projected in bad light in the Movie. It is further submitted that the trailer itself suggests that the petitioner is one of the main protagonists in the movie; the narrative of the movie is such that the petitioner has been demonised, portrayed in a negative light, and virtually condemned even before the conclusion of the trial. Consequently, it is sought that the Movie's release be postponed until the trial under SC No. 163/2020 arising out of FIR No. 59/2020 is concluded.

5. It has been assumed by the petitioners, that the Central Board of Film Certification (hereinafter “the CBFC”) has already granted the requisite certificate for the Movie's release and public screening. The petitioners in W.P.(C) 1192/2025, W.P.(C) 1263/2025 and W.P.(C) 1275/2025 pray for setting aside of the certification by the CBFC and also seek that the producers of the movie be enjoined from publicly releasing the Movie, until the criminal cases involving the petitioners are disposed of.

6. In W.P.(C) 1263/2025, again, it is submitted that the Movie has all the making of the narrative that could insight communal discord and incite religious sentiments, thereby violating the constitutional guarantees of secularism and public order. It is averred that the Movie is in contravention of the provisions of the Cinematograph Act of 1952 and the rules and guidelines associated with it. It is submitted that if the Movie is certified and released, the same would violate Articles 19(2) and 25 of the Constitution of India.

7. The petitioner in W.P.(C) 1263/2025 also made a complaint to the Election Commission of India as regards the Movie in question, seeking that requisite action be taken to prevent the screening of the Movie as the same may influence the ongoing electoral process (for the Legislative Assembly of NCT, Delhi) and manipulate the voters. It has been specifically sought in the complaint made by the petitioner to the Election Commission of India that the producers of the Movie be restrained from launching the Movie and be directed to remove the trailer from all social media platforms.

8. Respective counsel for the parties, including learned counsel for the petitioners, the Union of India, the producer/s of the Movie, and the Election Commission of India, have been heard at an extensive length.

9. At the outset, it is necessary to take note of the clarifications/ statements made by Mr. Jayant Mehta, learned senior counsel for the producers of the Movie in question, on instructions. He has categorically stated that:

(i) the CBFC certification for the public screening of the Movie in question, is yet to be obtained;

(ii) unless and until the requisite certification is obtained from the Central Board of Film Certification, the producers shall necessarily refrain from public screening of the Movie, including in theatres;

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