Disposed

Azhar Basha Tamboli v. Ravi S. Gupta. and Ors.

Bombay HC5 Jun 2024WP/8071/2024

Case brief

AI extract

What is this about?

Intervenors sought to intervene in a writ petition concerning the film 'HAMARE BAARAH'. The court permitted intervention, recorded parties' agreement on edits (longer disclaimer, muted dialogues and Quranic recitation), directed re-certification by the CBFC, allowed exhibition thereafter, and ordered removal of uncertified teasers.

What did the court decide?

Intervention permitted; film to be exhibited upon agreed edits, fresh CBFC certification, takedown of uncertified teasers, and Rs. 5 Lakhs charitable donation; no costs.

Azhar Basha Tamboli vs Ravi S. Gupta… — Constitutional and Fundamental Rights | Bombay HC (2024)

¶1

p1.ia.9605.24.doc

¶2

ANJALITUSHAR Digitally signedby ANJALITUSHAR ASWALEDate: 2024.06.20 ASWALE 20:58:47 +0530

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9605 OF 2024 IN

¶4

WRIT PETITION NO.8071 OF 2024

¶5

Shaheen Shahnawaz Khan & Anr ..Applicants/Intervenors IN THE MATTER BETWEEN Azhar Basha Tamboli ..Petitioner

Versus

Ravi S. Gupta & Ors

.. Respondents

Mr. Hamid Ansari i/b Judicare Law Associates , Advocates for the Intervenors.

¶10

CORAM: B. P. COLABAWALLA &

¶11

FIRDOSH P. POONIWALLA, JJ. DATE: JUNE 20, 2024

¶12

P. C.

¶13

Not on Board. Mentioned. Taken on Board.

¶14

2 The above Praecipe has been moved for speaking to the minutes of the order dated 19^th June, 2024. The learned advocate appearing on behalf of the Applicants in Interim Application No.9605 of 2024 submitted that in the appearance column, the names of the

¶15

Page 1 of 8 JUNE 20, 2024

¶16

Aswale

¶17

p1.ia.9605.24.doc

¶18

advocates for the Applicants are not reflected at all. Since this is the

¶19

only correction, we direct that in the appearance column, the following shall be shown:-

¶20

“Mr.Y. H. Muchhala, Senior Advocate

¶21

a/w Mr. Sagheer A. Khan, Mr. Hamid

¶22

Ansari, Mr. Khurram Agboatwala, Mr. Nawaz Haindaday, Ms.Afsha Khan

¶23

i/b Judicare Law Associates, for the Applicants in Interim Application No.9605 of 2024”.

¶24

3 No other correction is sought. The correction shall be carried out in the original order as well as in the copy uploaded on the server.

¶25

4 The application for speaking to the minutes is accordingly disposed of.

¶26

Page 2 of 8 JUNE 20, 2024

¶27

Aswale

¶28

p1.ia.9605.24.doc

¶29

5 This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

¶30

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

¶31

FOR THE SAKE OF CONVENIENCE THE CORRECTED ORDER READS THUS:-

¶32

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶33

CIVIL APPELLATE JURISDICTION

¶34

WRIT PETITION NO.8071 OF 2024

Azhar Basha Tamboli

.. Petitioner

Versus

Ravi S. Gupta and Ors. .. Respondents

¶39

WITH INTERIM APPLICATION NO.9605 OF 2024 IN WRIT PETITION NO.8071 OF 2024

¶40

Shaheen Shahnawaz Khan & Anr.

¶41

.. Applicants

¶42

IN THE MATTER BETWEEN

¶43

Azhar Basha Tamboli .. Petitioner

¶44

Versus

¶45

Ravi S. Gupta and Ors. .. Respondents

¶46

Page 3 of 8 JUNE 20, 2024

¶47

Aswale

¶48

p1.ia.9605.24.doc

¶49

WITH INTERIM APPLICATION NO.9606 OF 2024 IN WRIT PETITION NO.8071 OF 2024

¶50

Shama Haseen Khan .. Applicant IN THE MATTER BETWEEN Azhar Basha Tamboli .. Petitioner Versus Ravi S. Gupta and Ors. .. Respondents

¶51

Adv.Mayur Khandeparkar a/w Adv.Aneesa Cheema, Adv.Aditya Miskita i/b Adv.Rekha Musale a/w Adv.Nitin Rajguru for the Petitioner.

¶52

Mr.Y. H. Muchhala, Senior Advocate a/w Mr. Sagheer A. Khan, Mr. Hamid Ansari, Mr. Khurram Agboatwala, Mr. Nawaz Haindaday, Ms.Afsha Khan i/b Judicare Law Associates, for the Applicants in Interim Application No.9605 of 2024.

¶53

Adv.Kavita N. Solunke, A.G.P. for the Respondent No.13

¶54

Adv.Madhu Gadodia a/w Adv.Sujay Mukherji a/w Adv. Deveesha Tudekar i/b M/s.Anand & Naik for the Respondent No.9

¶55

Adv.Fazlurrahman Shaikh, Advocate Karim Pathan and Adv.Shane Illahi for the Applicant in I.A. No.9606 of 2024.

¶56

Adv.Advait M. Sethna a/w Adv.Ashutosh Mishta a/w Adv.Poushali Roychoudhury for the Respondent Nos.7, 8 and 14

¶57

Senior Adv.Rahul Narichania a/w Adv.Siddharth Thacker, Adv.Sunilkumar Neelambaran, Adv.Jeyhaan Carnac ,

¶58

Page 4 of 8 JUNE 20, 2024

¶59

Aswale

¶60

p1.ia.9605.24.doc

¶61

Adv.Aaron Kevin Fernandes i/b M/s.Mulla & Mulla & Craigie Blunt & Caroe for the Respondent Nos.1 to 6

¶62

CORAM: B. P. COLABAWALLA &

¶63

FIRDOSH P. POONIWALLA, JJ.

¶64

DATE: JUNE 19, 2024

¶65

P. C.

¶66

The Applicants have filed Intervention Application No.9605 of 2024 and 9606 of 2024 seeking to inter alia intervene in the aforesaid Writ Petition. They are permitted to intervene in the aforesaid Writ Petition. The Petitioner shall amend the Writ Petition by formally impleading both these Parties. Amendment to be carried out within 1 week from today. Reverification of the Writ Petition is dispensed with. Respondents No. 1 to 6 do not admit the contents of these Intervention Applications.

¶67

The Court has viewed the Film “HAMARE BAARAH” with the consent of parties and has heard counsel for parties at considerable length. The Court has suggested certain changes to be made to the Film which all Parties, including the interveners, have agreed to. The changes are as under:

¶68

a. The disclaimer which is shown at the inception of

¶69

Aswale

¶70

Page 5 of 8 JUNE 20, 2024

¶71

p1.ia.9605.24.doc

¶72

the Film will be displayed on screen for a duration of 12 seconds.

¶73

b. The message reading “ACCORDING TO THE SHARIA (LAW), MUSLIMS ARE ALLOWED TO PRACTICE POLYGYNY. ACCORDING TO THE QURAN, A MAN MAY HAVE UP TO FOUR LEGAL WIVES ONLY IF THERE IS A FEAR OF BEING UNJUST TO NON-MARRIED ORPHAN GIRLS. EVEN THEN, THE HUSBAND IS REQUIRED TO TREAT ALL WIVES EQUALLY IF A MAN FEARS THAT HE WILL NOT BE ABLE TO MEET THESE CONDITIONS THEN HE IS NOT ALLOWED MORE THAN ONE WIFE.” together with its Hindi translation will be displayed on screen for a duration of 12 seconds.

¶74

c. The dialogues mentioned at paras I(ix) & I(x) of the aforesaid Writ Petition shall be muted.

¶75

d. The words “ Allah Hu Akbar ” appearing in the dialogue at 45 min 4sec of the Film shall be muted.

¶76

e. Additionally it is agreed between the Parties hereto that the recitation of Ayat 223 which is recited in Arabic language at the inception of the Film, will be muted.

¶77

f. The Film “HAMARE BAARAH” will be sent/uploaded to the CBFC by the Respondents 1 to 6 after carrying out the aforesaid changes at Paras 2(a) to (e) aforesaid. The CBFC will upon receipt of the application for

¶78

Page 6 of 8 JUNE 20, 2024

¶79

Aswale

¶80

p1.ia.9605.24.doc

¶81

re-certification of the Film under Rule 31 of the Cinematograph (Certification) Rules, 2024, shall forthwith (and in any event no later than 12 Noon on 20 June 2024), grant a fresh certification based on the aforesaid changes.

¶82

g. Upon such certification being received from the CBFC, which shall be no later than 12 Noon on 20 June 2024, Respondent Nos. 1 to 6 shall be at liberty and also entitled to forthwith exhibit the Film “HAMARE BAARAH” on all Platforms of their choice.

¶83

h. Respondent Nos.1 to 6 are at liberty to upload the Trailer viz. Trailer No.3 (of the Film “HAMARE BAARAH”) certified by the CBFC on 12 June 2024 vide certificate No. DIS/2/33/2024-DEL on social media and also advertise/publicize the said Film in newspapers, hoardings, posters and handbills.

¶84

i. Upon satisfaction of the aforesaid conditions, no party shall have objection to exhibition of the Film and its trailer on any platform or screen.

¶85

j. Respondents 1 to 6 shall donate within 8 weeks of the Film being released a sum of Rs. 5 Lakhs to Ideal Relief Committee Trust which will be used to provide reliefs to people in times of natural disasters.

¶86

Page 7 of 8 JUNE 20, 2024

¶87

Aswale

¶88

p1.ia.9605.24.doc

¶89

There are teasers/trailers that are appearing on social media which contain several dialogues which were ordered to be deleted by the CBFC. Respondents 10 to 12 are directed to forthwith take down this teasers/trailers with immediate effect.

¶90

If Respondents No.1 to 6 desire to exhibit any fresh trailer/trailers of the film “HAMARE BAARAH” or if they desire to upload the same on any social media platforms (including on the platforms of Respondents 10 to 12), it is clarified that, so long as such trailer/trailers are certified by the CBFC, they have the liberty to do so.

¶91

The Writ Petition and the Intervention Applications are accordingly disposed of with no order to costs.

¶92

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

¶93

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

¶94

Page 8 of 8 JUNE 20, 2024

¶95

Aswale

Azhar Basha Tamboli v. Ravi S. Gupta. and Ors.

Case brief

What is this about?

What did the court decide?

Azhar Basha Tamboli v. Ravi S. Gupta. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Prerna Ramchandra Kalunkhe vs Union of India Thr. Its Secretary Ministry of Consumer Affairs Food. and Ors.

Hitesh Jayantilal Thadeshwar vs Adv Iva Satishchand Bansal and Ors.

Anjali Lokesh Thadani vs Priya Moti Thadani and Ors.

Utkarsh Associates vs the State of Maharashtra and Ors.

Azhar Basha Tamboli vs Ravi S. Gupta. and Ors.

Azhar Basha Tamboli vs Ravi S. Gupta. and Ors.