The Supreme Court on Thursday ruled in favour of freedom of expression in the movies by dismissing a plea to stay the release of film maker Sanjay Leela Bhansali's Gangubai Kathiawadi.
A Bench led by Justice Indira Banerjee refused to accept the allegation made by a man, who claimed to be Kathiawadi's adoptive son, that the film defamed his mother.
Appearing for Mr. Bhansali, senior advocate Aryama Sundaram and advocate Rohini Musa, countered that the film, rather than demeaning its central character and heroine, glorified her. The film is based on the book Mafia Queens of Bombay published in 2011.
“This is about the rise of a woman and nobody thinks that the film is defamatory,” Mr. Sundaram argued.
Mr. Sundaram reminded the court about its own landmark judgment in the case of S. Rangarajan v. Jagjivan Ram in 1989, regarding the film Ore Oru Gramathile, which had held that freedom of expression was sacrosanct and cannot be suppressed.
The senior lawyer argued there was no prima facie evidence to prove that the petitioner, Babuji Shah, was indeed Kathiawadi’s adoptive son. Mr. Sundaram contended that the cause of action extinguished with the death of the person.
The apex court had earlier suggested a change in the film’s title.
However, Mr. Sundaram, on Thursday, informed the court that the film has already been cleared by the Central Board of Film Certification. The name has been published and widely advertised months ago.
