C. Hari Shankar JUDGMENT
Gita Mittal, Actg. C.J.
WP(C) No. 1557/2018
1. This writ petition seeks directions to the Central Board of Film Certification, to take "appropriate steps to stop glorification of the practice of 'Sati' by deleting the relevant scenes from the film "Padmaavat".
2. The petition is premised on two articles, one by Ms. Charu Gupta in the Indian Express dated 31st of January 2018 captioned "United in misogyny" and another article written by an actor Ms. Swara Bhasker in the Wire captioned "At the End of Your Magnum Opus ... I Felt Reduced to a Vagina - Only". A copy of this article, which stands handed over to this court, would show that it was written on the 27th of January 2018. The petitioner submits that that after reading these two articles relating to the film Padmaavat, he himself wanted to check the veracity of the contentions made therein regarding glorification of the practices 'Sati' and 'Jauhar' and therefore, personally watched the film at the PVR Plaza in New Delhi. Having seen the movie, the petitioner is convinced that the abhorrent practice of 'Sati' has been glorified out of proportion in the said movie.
3. The present writ petition, filed against the Union of India (Ministry of Information and Broadcasting) (respondent No. 1); Delhi Police (respondent No. 2); Central Board of Film Certification (respondent No. 3); Ajit Andhare, Producer, Padmaavat (respondent No. 4) and Mr. Sanjay Leela Bhansali (Director & Producer - Padmaavat) (respondent No. 5), seeks the following prayers :
"(i) issue a writ of mandamus or any other appropriate writ/order/direction directing the Respondent No. 3 to take appropriate steps to stop glorification of the practice of 'Sati' by deleting the relevant scenes from the film "Padmaavat" and
(ii) issue a writ of mandamus or any other appropriate writ/order/direction directing the State Authorities to ensure that the scenes promoting and glorifying the act of 'Sati' are not screened in public; and
(iii) restrain the Respondents from continuing to glorify the act of 'Sati' through promotion and further broadcast of the scenes relating to such act in the film "Padmaavat"; and
(iv) direct the Respondent No. 2 to immediately register F.I.R. against the Respondents No. 4 and 5 on the basis of the complaints filed by the petitioner;..."
4. The making and exhibition of this film has had a tumultuous background and history. Different aspects thereof have been the subject matter of challenges before the Supreme Court of India. Even before the Board of Film Certification, exercising jurisdiction under the Cinematograph Act, 1952, had processed the application of the film producers for the requisite certification, a writ petition being W.P.(Crl.) No. 191/2017 was filed before the Supreme Court of India by one Manohar Lal Sharma, a practicing advocate, which was titled Manohar Lal Sharma v. Sanjay Leela Bhansali & Ors. In this writ petition, a prayer was made seeking prohibition of exhibition of the film 'Padmaavat' in other countries without obtaining the requisite certificate from the Central Board of Film Certification and issuance of writ of mandamus to the Central Bureau of Investigation (CBI), impleaded as respondent No. 5 therein, to register an FIR against the respondent Nos. 1 and 2 therein and their team members for commission of offences punishable under Sections 153A, 295, 295A, 499 and