Introduction:
In a recent legal development, the Punjab & Haryana High Court addressed a Public Interest Litigation (PIL) seeking to prohibit the release of the film ‘Delhi 2020’, which is based on the events of the 2020 Delhi riots. The bench, comprising Chief Justice Sheel Nagu and Justice Sumit Goel, dismissed the plea as premature, noting that the film had not yet been submitted for certification to the Central Board of Film Certification (CBFC).
Background:
The petitioner, Faisal Ali, a member of the Al Sadiq Sports Welfare Club in Malerkotla, Punjab, filed the PIL expressing concerns over the film’s content. He argued that ‘Delhi 2020’ contains explicit visuals and dialogues that could defame the sentiments of the Muslim community, potentially inciting communal tensions in Punjab and Haryana. Ali emphasized that dramatizing the riot events might further victimize the affected communities.
Arguments:
Petitioner’s Arguments:
Represented by Advocate Mohd. Jameel, the petitioner contended that certain objectionable scenes in ‘Delhi 2020’ could adversely affect law and order, especially amidst the charged atmosphere of the ongoing Delhi Assembly election campaign. He urged the court to intervene and prevent the film’s release to maintain communal harmony.
Respondent’s Arguments:
Dheeraj Jain, Senior Panel Counsel for the Union Government, presented an email from the CBFC indicating that the film’s producer had not yet applied for certification. He argued that since the certification process had not commenced, the petition was premature. Jain assured the court that the CBFC would consider all legitimate objections during the certification process.
Court’s Judgment:
After reviewing the submissions, the bench concluded that the petition was premature, given the absence of an application for certification before the CBFC. The court stated, “The petition is pre-mature and therefore, the same, without commenting on the merits, is disposed of with the hope and expectation that the CBFC as and when decides the question of certification, shall take into account all the legitimate objections, if made by the petitioner.” The court emphasized that the CBFC is the appropriate authority to assess the film’s content and address any concerns during its certification process.
Related Developments:
In a parallel case, the Delhi High Court is deliberating on a batch of petitions seeking to halt the release of ‘Delhi 2020’ and its trailer on YouTube. Sharjeel Imam, an accused in the 2020 Delhi riots case, along with six others, filed a petition expressing concerns that the film’s promotional materials falsely portray a larger conspiracy behind the riots, potentially prejudicing ongoing trials. The petitioners have requested a pre-screening of the film, postponement of its release until the conclusion of the trial, and removal of all promotional material to prevent potential prejudice. The Delhi High Court has issued notices to the Ministry of Information and Broadcasting, CBFC, Delhi Police, and the film’s director and producers, seeking their responses.