New Delhi: A writ petition has been filed before the Delhi High Court seeking a stay on the release and streaming of the upcoming Netflix film ‘Ghooskhor Pandit’, with the petitioner alleging that the title and proposed content are defamatory and communally offensive.
The petition, filed through advocate Vineet Jindal, seeks issuance of a writ of mandamus directing the authorities to intervene and stop the streaming of the film, along with other consequential reliefs.
The petition has been filed by Mahendra Chaturvedi, who describes himself as an Acharya dedicated to the study, teaching and propagation of Indian scriptures, philosophy and spiritual traditions.
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He claims to be directly aggrieved by the proposed film and alleges that it associates the word “Pandat” with corruption and bribery, thereby damaging the dignity and reputation of the Brahmin community as well as his own business.
According to the petition, Netflix India has announced and promoted the film and aired promotional material that allegedly associates the word “Pandat” with immoral and corrupt conduct.
The petitioner argues that the term has historically symbolized scholarship, ethical conduct, spiritual guidance and moral authority within Indian society and religious traditions. The petition claims that such portrayal amounts to stereotyping and defamation of the entire religious and social community.
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The petition further argues that the disputed title and content violate the fundamental rights guaranteed under Articles 14, 21 and 25 of the Constitution. It claims that the content discriminates against a particular religious and social group, violates the right to dignity and respect, and denigrates religious and cultural identity linked to faith, rituals and traditions.
Recognizing the right to freedom of speech and expression under Article 19(1)(a), the petition said it is subject to reasonable restrictions under Article 19(2) and does not extend to hate speech, defamation or material that may disturb communal harmony and public order.
The petitioner has also alleged that the Central government has failed to put in place an effective regulatory mechanism to prevent abuse of creative freedom on OTT platforms. The petition claims that such regulatory gaps enable platforms to promote sensational or community-based condemnation for commercial gain and amounts to an abdication of the constitutional duty to protect fraternity and public order.
Through the petition, the petitioner has sought directions to the Government of India and Netflix India to stop the release and streaming of the film. They have also sought an interim order to stay the release of the disputed content during the pendency of the case, as well as a direction to the Central Government to take appropriate action against Netflix India under applicable laws governing digital and OTT platforms.
The petitioner has also sought any other order as deemed appropriate in the interest of justice, equality and communal harmony.
The petition states that the cause of action arose when the film was announced and promoted and pleads that any harm caused by its release would be irreparable. On this basis, the petitioner has sought immediate judicial intervention before streaming the film.