Release of Hamare Baarah

Supreme Court: In a plea challenging the Bombay High Court order permitting the release of film ‘Hamare Baarah’, which is alleged to be derogatory towards the Islamic faith and married Muslim women in India, the vacation division bench of Vikram Nath and Sandeep Mehta has suspended the screening of the film, until disposal of the case pending over its release before the High Court.

Background:

A writ petition was filed before the Bombay High Court against the Central Board of Film Certification, seeking to revoke the certification granted to the film “Hamare Baarah” and restraining its release. It was alleged that the film, which was earlier set to be released on 7-06-2024, was in contravention of the provisions of the Cinematograph Act, 1952, and the rules and guidelines associated with it. The trailer was derogatory to the Islamic faith and married Muslim women in India, and the film’s release would violate Articles 19(2) and Article 25 of the Constitution.

The Bombay High Court restrained the respondents from releasing the film until 14-06-2024. The Court also directed CBFC to constitute a 3-member review committee to watch the film and give its uninfluenced comments. When the committee failed to give comments and instead sought time to file a detailed response, the High Court permitted release of the film, considering the filmmakers’ voluntariness to delete certain contentious dialogues. Aggrieved, the petitioner filed the present special leave petition.

Court’s Order:

During the hearing, the Bench said that they watched the teaser of the movie and found it to be offensive.

Thus, the Bench has suspended the screening of the film, until disposal of the case, pending over its release before the High Court. Further, the Court gave the petitioner liberty to raise the objection regarding constitution of the committee by the CBFC before the High Court.

Source: Press

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