Introduction:

In a recent legal development, the Allahabad High Court provided relief to Jitendra Tyagi, formerly known as Wasim Rizvi, the ex-chairman of Uttar Pradesh Shia Central Waqf Board. Tyagi faced an FIR for allegedly making derogatory remarks against the Sunni Sect in his film “Ram Ki Janmabhoomi.” The FIR, lodged in 2019, charged Tyagi under sections 153-A and 504 IPC, claiming that the film’s screening might incite communal tension. Challenging the case proceedings, Tyagi moved the High Court, arguing that despite CBFC certification, the government sanctioned the prosecution in December 2022. The Court, considering the Supreme Court’s precedent, found no case against Tyagi but maintained the legal scheme, directing him to appear in the concerned court with necessary applications for further proceedings.

Arguments of Both Sides:

Tyagi’s counsel argued that once a film receives CBFC certification, the producer has the right to screen it, relying on the Supreme Court’s ruling in Salman Khan vs. State of Gujarat (2018). They contended that no case existed against Tyagi, and the Magistrate mechanically took cognizance without sufficient reason. The government countered that the prosecution was sanctioned to maintain communal harmony.

Court’s Judgment:

After reviewing the SC judgment, Justice Rahul Chaturvedi noted no case against Tyagi. However, the Court respected the CrPC scheme and directed Tyagi to appear in the concerned court with an application under Section 88 of the CrPC and later file a detailed discharge application. The concerned court was instructed to release Tyagi on personal bond, with or without surety, and decide the discharge plea within six weeks. The application was disposed of with these observations.