[Hamare Baarah] SC Refuses to Entertain Plea Against Movie | Permits Withdrawal of Petition

The Supreme Court Today (June 21st) refused to entertain a plea challenging certain alleged controversial dialogues and scenes in Annu Kapoor-starrer movie ‘Hamare Baarah’.

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NEW DELHI: The Supreme Court of India on Friday declined to entertain a plea challenging the alleged controversial dialogues and scenes in the Annu Kapoor-starrer movie ‘Hamare Baarah’. The plea was presented after the Bombay High Court permitted the movie’s release, subject to the deletion of certain objectionable content.

The case came up for hearing before a vacation bench comprising Justices Vikram Nath and S V N Bhatti.

The petitioner’s counsel stated,

“By this writ petition, I have challenged certain controversial dialogues and scenes in the picture.”

The Supreme Court, however, noted that a similar petition had been considered the previous week and advised the petitioner to challenge the Bombay High Court’s order directly.

The bench remarked,

“The high court has examined it and thereafter, the high court has allowed the movie to be screened. Now, if you are still aggrieved, challenge it.”

Despite the petitioner’s counsel explaining that the plea was filed on June 7 but not listed earlier, the bench observed,

“We are not inclined to hear this matter on merits today.”

Emphasizing procedural consistency, the bench stated,

“Let us follow the procedure which is consistent with our system,”

-adding that the high court had already reviewed the film and requested the removal of specific scenes and dialogues.

In response to the Supreme Court’s guidance, the petitioner’s counsel requested permission to withdraw the petition. The bench allowed this withdrawal, granting the liberty to file a fresh petition challenging the correctness of the high court’s judgment.

This issue traces back to June 13, when the Supreme Court stayed the June 14 release of ‘Hamare Baarah’ after taking into account allegations that the film was derogatory towards the Islamic faith and married Muslim women. The screening of the film was paused until the high court could dispose of the related petitions.

The controversy surrounding ‘Hamare Baarah’ began when multiple petitions were filed in the Bombay High Court, claiming that the movie contained derogatory content towards the Islamic faith and the Muslim community.

A division bench of the high court reviewed the film and suggested certain changes, which were accepted by both the film’s makers and the petitioners. Following this agreement, the high court allowed the movie to be released, provided the necessary changes were implemented.

The Supreme Court’s dismissal of the current plea effectively means that the petitioner must now challenge the Bombay High Court’s decision if they seek further recourse. This development underscores the judiciary’s role in balancing freedom of expression with respect for religious sentiments, navigating complex legal and ethical landscapes.

The ongoing legal discourse around ‘Hamare Baarah‘ highlights the tensions between creative freedom and community sensitivities, reflecting broader societal debates. As the legal process continues, the film remains a focal point for discussions on the portrayal of religious communities in Indian cinema.

The resolution of this case will likely have implications for future content creation and censorship standards within the Indian film industry.

Click Here to Read Previous Reports on Hamare Baarah

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