The Gujarat High Court on Thursday extended the interim stay on the release of the film. MaharajBollywood star Aamir Khan’s son Junaid’s debut film ‘Dilwale Dulhania Le Jayenge’ has been postponed by a day.
The film is based on an 1862 defamation case involving Vaishnavite religious leader and social reformer Karsandas Mulji, but some members of the Pushti Marg sect have filed a petition against its release on Netflix, claiming it hurts religious sentiments.
Petitioners’ counsel Mihir Joshi on Thursday argued that Article 19(1)(a) of the Constitution, which gives the right to freedom of speech and expression, is not a “licence to insult” and the law does not protect publishers (such as OTT platforms) merely because their works are based on true events.
When Joshi wanted to argue further, Justice Sangita Visen extended the stay on the release of the film by a day and adjourned the hearing till Friday afternoon.
The petitioners claimed that the British-era court, which delivered the verdict in the 1862 defamation case, had condemned the Hindu religion and made blasphemous remarks against Lord Krishna as well as certain devotional songs and hymns.
During Thursday’s hearing, advocate Joshi said the petitioners had approached the Ministry of Information and Broadcasting requesting it to take steps to stop the release, but received no response.
He said the ministry has powers to ensure compliance with the code of conduct under the Information Technology Act.
“The 2021 rules talk about the standards to be maintained by the publisher under the code of conduct. Netflix is ​​a publisher in this case. The Ministry of Information and Broadcasting can issue orders to follow the code of conduct. If I file a complaint, the ministry can refer it to an inter-departmental committee. The committee can order removal or modification of the content,” Joshi said.
The lawyer claimed that the content of the film was “incendiary” and was likely to incite hatred and violence against the Pushti Marg sect.
“This is not a painting by MF Husain that involves artistry. He has chosen something provocative. Article 19(1)(a) is not a licence to offend. Even the Supreme Court has said that even if a film gets a CBFC certificate, it can be banned. The Supreme Court has even said that it is for the court to decide on this and the certificate is not final,” Joshi said.
The counsel for the petitioners said that if the court finds after watching the film that it “does not insult any religion”, then they would not argue further.
Advocate Joshi argued that since the film is said to be based on a trial, it will have scenes where witnesses will say “your religion teaches immorality”. He said it cannot be allowed just because it is based on true events.
“The Supreme Court had said that truth is not the answer to defamation,” the lawyer said.
The 1862 defamation case arose from an article written by Karsandas Mulji in a Gujarati weekly, which alleged that a Vaishnav leader had relationships with his female devotees.
Yash Raj Films (YRF), Producer Maharajhas offered to allow the court to decide before viewing the film whether it hurts the religious sentiments of any community. The judge has not yet decided whether she will watch the film or not.
