FAO(OS) 505/2012 Page 1 of 10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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FAO(OS) 505/2012

PRAKASH JHA PRODUCTIONS ..... Appellant

Represented by : Mr.Sandeep Sethi,

Sr.Advocate instructed by Mr.Ameet B. Naik,

Ms. Aparajita Singh, Mr. Harshvardhan Jha,

Mr. Ravi Suryavanshi, Ms. Priti Gupta,

Advocates.

versus

BATA INDIA LIMITED & ORS.

..... Respondents

Represented by:

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.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MR. JUSTICE MANMOHAN SINGH

PRADEEP NANDRAJOG, J. (Oral)

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.

2012:DHC:6462-DB

FAO(OS) 505/2012 Page 2 of 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

2012:DHC:6462-DB

FAO(OS) 505/2012 Page 3 of 10

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