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2018 DIGILAW 1245 (GUJ)

International Hindu Sena v. Union of India

2018-12-05

ANANT S.DAVE, BIREN VAISHNAV

body2018
JUDGMENT : ANANT S. DAVE, J. 1. In this Writ Petition (PIL) filed by the petitioner, who claims to be the President of International Hindu Sena, Gujarat State, and a social worker, the prayer is to issue appropriate writ, order or direction to the concerned respondents and their authorities not to allow exhibition of movie "Kedarnath". It is also prayed that pending admission, hearing and final disposal of the petition, exhibition of movie "Kedarnath" be banned in theatres in Gujarat. 2. According to the petitioner, the exhibition and public display of the movie will affect sentiments of Hindus and will amount to violation of fundamental rights guaranteed under the Constitution of India. It is submitted by learned advocate for the petitioner that the trailer and the songs of the movie which is to be released on 07.12.2018, are already being exhibited on several internet portals and are also shown on various television channels. Since Kedarnath is a holy place and having seen the trailer of the said movie which contains certain scenes which may disturb sentiments and faith of Hindus, if permitted to be exhibited, the present petition is filed. So as to protect sentiments of Hindu religion certain objectionable scenes, part of the stories, etc. deserve to be censored. It is stated that the above place of worship is highly respected by Hindus. The story of the movie is of a Muslim boy and a Hindu girl who meet at Kedarnath and develop affection with each other. It is further the case of the petitioner that the place of worship by Hindus is not to be treated for showing any kind of intimacy between a boy and a girl and by doing so, the Producer, Director and Exhibitors of the movie are hurting sentiments of Hindus. It is further submitted that the story and the idea and scenes projected disrespect the culture and tradition of Hindu religion and it affects decency and morality as a whole. Besides, certain scenes of the movie, particularly, of intimacy between a Muslim boy and a Hindu girl, are not only rude and offensive but are also not fit for public exhibition. 3. Besides, certain scenes of the movie, particularly, of intimacy between a Muslim boy and a Hindu girl, are not only rude and offensive but are also not fit for public exhibition. 3. It is submitted on behalf of the petitioner that though a representation has been submitted to the competent authorities, the Central Board of Film Certification and others, as per representation dated 26.11.2018, no steps are taken and allowing release of the movie will render the petitioner remediless and hence urgency to stop exhibition of such movie in cinema halls. 4. Learned advocate appearing for the petitioner relied on Section 5-B of the Cinematograph Act, 1952, which pertains to principles for guidance in certifying films, and the Rules framed thereunder and submitted that a film is not to be certified for public exhibition, if in the opinion of the authority competent to grant the Certificate is against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of Court and is likely to incite the commission of any offence. 5. It is submitted that the facts of this case would reveal that respondents have acted contrary to the Cinematograph Act, 1952, and Cinematography (Certification) Rules, 1983, and even the guidelines issued from time to time for certification of films for public exhibition, and therefore, by issuing notice to the respondents, interim relief as prayed for be granted. 6. At the outset, it may be noted that the Central Board of Film Certification, which is a statutory body, takes decision with utmost objectivity as per the provisions contained in the Act, the rules framed thereunder and the guidelines. On a careful perusal of the record of the case, including representations made by the petitioner to various authorities, namely the District Collector, Gandhinagar, Chairman, and the Chairperson, Central Board of Film Certification, in juxtaposition to Section 5-B of the Cinematograph Act, 1952, and the Rules made thereunder. 7. We are of the view that the present petition is not only misconceived but is based on a wrong notion about Hinduism as understood by the petitioner. But Hinduism as a concept, religion and faith, tolerance for all religions, patience, harmony and welfare of mankind as a whole are the basic tenets of Hinduism. 8. 7. We are of the view that the present petition is not only misconceived but is based on a wrong notion about Hinduism as understood by the petitioner. But Hinduism as a concept, religion and faith, tolerance for all religions, patience, harmony and welfare of mankind as a whole are the basic tenets of Hinduism. 8. May well-known authors, philosophers and like-minded people have written various articles and books on the concept of Hinduism as a whole. One of them being Dr. Sarvepalli Radhakrishnan, former President of India, who authored about the exposition of Hinduism and its philosophy in his various books reflected on Hinduism including the philosophy 'A vibrant and effective system of oriental philosophy'. At this stage, we would like to quote a few articles/quotes written by Dr. S. Radhakrishnan in his various books as below : "Hinduism recognizes that each religion is inextricably bound up with its culture and can grow organically. While it is aware that all religions have not attained to the same level of truth and goodness, it insists that they all have a right to express themselves. Religions reform themselves by interpretations and adjustments to one another. The Hindu attitude is one of positive fellowship, not negative tolerance." [Source Eastern Religions and Western Thought By Dr. S. Radhakrishnan (p335 and 310319)] "Hinduism according to him is not a religion, but a commonwealth of religions.-"It is more a way of life than a form of thought....The theist and the atheist, the skeptic and the agnostic may all be Hindus if they accept the Hindu system of culture and life. Hinduism insists not on religious conformity but on a spiritual and ethical outlook of life...Hinduism is not a sect but a fellowship of all who accept the law of right and earnestly seek for truth." [Source The Hindu view of Life - By S. Radhakrishnan (p77)] "Hinduism represents the spirit, the spirit that has such extraordinary vitality as to survive political and social changes. From the beginning of recorded history, Hinduism has borne witnesses to the sacred flame of spirit, which must remain forever, even while our dynasties crash and empires tumble into ruins. It alone can give our civilisation a soul, and men and women a principle to live by." [Source-Religion and Society - By S. Radhakrishnan (pg.4354)] "The truth suggested in Vedas are developed in the Upanishads. It alone can give our civilisation a soul, and men and women a principle to live by." [Source-Religion and Society - By S. Radhakrishnan (pg.4354)] "The truth suggested in Vedas are developed in the Upanishads. We find in the seers of the Upanishads, an utter fidelity to every layer and shade of truth as they saw it. They affirm that there is a central reality, the one without a second, who is all that is and beyond all that is" [Source-East and West : Some Reflections-By S. Radhakrishnan (p2242)] "If the Upanishads help us to rise above the glamour of the fleshy life, it is because their authors, pure of soul, ever striving towards the divine, reveal to us their pictures of the splendors of the unseen. The Upanishads are respected not because they are a part of Sruti or revealed literature and so hold a reserved position but because they have inspired generations of Indians with vision and strength by their inexhaustible significance and spiritual power. Indian thought has constantly turned to these scriptures for fresh illumination and spiritual recovery or recommencement, and not in vain. The fire still burns brightly on their altars. Their light is for the seeing eye and their message is for the seeker after truth." [Source-The Principal Upanishads By S. Radhakrishnan (Pg1819)] 9. As is well-known, the public interest litigation which is one of the most powerful judicial innovation by the Superior Courts to provide succor to hapless and helpless initially for protecting their fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India for food, clothes and shelter has now expanded its scope; and its width and amplitude has covered almost all walks of public life which has resulted into ameliorating condition of have not and particularly, those who belong to lower strata of the society. A genuine public interest litigation has also immensely benefited, even for bringing fairness and transparency in governance and modification of existing law as well as bringing about new legislation. While pursuing such litigation, dedicated and devoted persons have sacrificed their comforts. But a few handful, unmindful of their responsibilities, attempt to misuse well established and duly entrenched system by misusing the same resulting into huge pendency and arrears of public interest litigation, which needs to be seriously looked into at the stage of admission. While pursuing such litigation, dedicated and devoted persons have sacrificed their comforts. But a few handful, unmindful of their responsibilities, attempt to misuse well established and duly entrenched system by misusing the same resulting into huge pendency and arrears of public interest litigation, which needs to be seriously looked into at the stage of admission. Those citizens who are unmindful of their duties towards society and nation, and simply make a rhetoric about their breach of fundamental rights, needs to be reminded of Article 51A of the Constitution of India and not to take recourse to extraordinary remedy of writ petition by filing motivated, private, political petitions for such purpose. 10. The above aspects have been made very clear in the decision of Apex Court in case of State of Uttaranchal vs. Balwant Singh Chaufal and others reported in (2010) 3 Supreme Court Cases 402, wherein in order to maintain purity and sanctity of public interest litigation, guidelines are laid down by the Apex Court. It was observed by the Apex Court that 'Time has come when genuine and bona fide public interest litigation must be encouraged whereas frivolous public interest litigation should be discouraged. The Court has to protect and preserve this important jurisdiction in the larger interest of the people of this country but effective steps have to be taken to prevent and cure its abuse on the basis of monetary and non-monetary direction by the Courts." 11. Keeping in mind the above observations of the Apex Court, coming to the facts of the case, we find that when the Competent Authority has certified a movie to be fit for exhibition for public either in cinema halls or through any other medium, the Court exercising powers under Articles 226/227 of the Constitution of India, in absence of any illegality per-se, in certifying the movie, having the basic purpose of entertaining people at large, is not the proper forum to approach by way of a Public Interest Litigation. Just because a Muslim boy is shown to be in love with a Hindu girl at a holy place, we fail to understand how religious sentiments of Hindu community will be affected. We do not find any substantive pleadings in the petition which demonstrate breach of fundamental rights or violation thereof. Just because a Muslim boy is shown to be in love with a Hindu girl at a holy place, we fail to understand how religious sentiments of Hindu community will be affected. We do not find any substantive pleadings in the petition which demonstrate breach of fundamental rights or violation thereof. On the contrary, in our opinion, any preventive step or prohibitory action on the part of the Court by issuing notice and granting ban on exhibition of movie, which is a work of fiction and creation of art, will certainly result in breach of fundamental rights, more particularly, right to freedom of speech and expression, of the Producer, Director and Exhibitors, including script-writers, as they are carrying out lawful activity by producing, directing and exhibiting films. 12. At the threshold, we find no substance in the writ petition. Same is dismissed with cost of Rs. 5,000/-, to be paid by the petitioner within a week from today to the Gujarat High Court Legal Services Committee, Gujarat High Court Complex, Ahmedabad.