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2003 DIGILAW 1256 (SC)

KARAN JOHAR v. UNION OF INDIA

2003-09-26

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ORDER 1. Issue notice on special leave petitions as also on the prayer for interim relief. 2. These matters arise out of an order and judgment passed by the Madhya Pradesh High Court in a public interest litigation, directing that the film "Kabhi Khushi Kabhi Gham", produced and directed by the petitioners shall not be shown in any theatre unless the scene which depicts the national anthem is deleted and further, the other respondents have been directed to withdraw the film from all cinema halls and the theatre-owners are restrained from showing the film in the present form. A direction has also been issued to withdraw the certificate unless the deletion is effected. 3. We have heard Mr G.L. Sanghi, learned Senior Counsel and Mr L.N. Rao, learned Additional Solicitor General. We are satisfied that in view of the instructions that in the national anthem exhibited in the course of exhibition of a newsreel or documentary, the audience is not expected to stand, as the same interrupts the exhibition of the film and would create disorder and confusion rather than add to the dignity of the anthem. We, therefore, suspend the operation of the order under challenge. 4. The learned Additional Solicitor General appearing on our request, prays for and is allowed four weeks time to file a counter-affidavit. List thereafter. Court Masters