New Delhi (PTI): The Delhi High Court today dismissed a plea seeking the revocation of a censor board clearance given to Indu Sarkar, a Bollywood film based on the Emergency.
Merely stating that one was a “strong believer of the Gandhis” did not give a person the right to seek a stay on the release of the film, it said.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also said a similar plea had been dismissed by the Bombay High Court, so there was no ground for disagreeing with the findings of that court.
“The petition is dismissed,” it added.
The petition, filed by lawyer Ujjawal Anand Sharma, claimed the film, directed by Madhur Bhandarkar, depicted the late Indira Gandhi and her son, Sanjay, in a “bad light” and was a “propaganda” film.
The plea had claimed the film-makers did not get a no- objection certificate (NCO) from the Gandhi family before making the film, as was required under the film certification law when a movie was based on real incidents and people.
It also claimed the Central Board of Film Certification (CBFC) did not insist upon an NOC on the grounds that the film did not mention the names of Indira or Sanjay Gandhi.
The Hindi film, based on the Emergency imposed by Indira Gandhi in 1975, is scheduled to be released tomorrow.
The court further said the petitioner had no locus standi and it would only examine the issue if any of the relatives of the deceased agitated against the film.
The bench further noted the film was scrutinised by the screening committee of the CBFC.
It was issued a certificate only after necessary changes were made on the recommendation of the committee, it said.
The censor board had granted the film a U/A certificate after ordering 12 cuts, which were complied with.
“A reasonable person of ordinary intelligence would be hard pressed to arrive at the conclusion that the characters depicted were indeed not fictional,” the plea had said.
The petitioner had also sought that a committee be appointed to see the film and submit a report to the court on the scenes found objectionable or defamatory and whether the film-makers needed to get an NOC from the “persons concerned – the Gandhi family”.