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Freedom of expression applies to films too: Madras HC on Mersal row

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Mersal

[vc_row][vc_column][vc_column_text]Madras high court dismissed a PIL that had sought revocation of censor certificate for the film that had mocked the Goods and Services Tax regime

In a major relief to the controversy-embroiled Tamil blockbuster Mersal, the Madras High Court, on Friday, dismissed a public interest litigation that had sought directions to the Central Board of Film Certification (CBFC) to revoke the censor certificate issued to the movie for its “anti GST”  dialogues and held that “freedom of expression…applies to films as well”.

A Bench of Justices MM. Sundresh and M Sundar refused to entertain the PIL filed by Chennai-based lawyer A Ashvathaman on the ground that in a mature democracy, the voices of the minority cannot be stifled. The judges said that it was ultimately for the viewers to take a call on the contents of a movie.

Ashvathaman had, during arguments in the case, asked the court to revoke the censor certificate issued to Mersal while questioning how the film certification board had cleared the movie for public exhibition “even though the film was full of wrong propaganda about the country and contained fake dialogues and scenes which would lead to misconception about our new taxation system.”

“The story of the film does not demand the above said scenes and dialogues which contained fake and fabricated particulars… The CBFC is duty-bound to see that the young and impressionable minds are guarded against subtle machinations of pseudo artists and producers as the youngsters try to emulate what they have seen in the movies,” the petitioner had argued.

However, the court took a dim view of Ashvathaman’s contention and noted: “if the petitioner was really concerned about the public and society then he would have tackled issues such as untouchability and women’s safety. Instead the petitioner chose to go after a movie.”

The Bench, in its order, said: “Why was there no complaint against smoking and drinking in films or about the projection of LGBT? A film is only an imaginative story and it is not real life. If someone doesn’t like a film, a person can refrain from viewing it.”

While the petitioner had argued that the film was “spreading propaganda” about a decision taken by the Centre, the court reportedly noted that Opposition leaders till date were criticising demonetisation, the controversial decision taken by Prime Minister Narendra Modi on November 8, 2016 which had flushed out 86 per cent of the currency in circulation from the economy. The court asked whether people should be gagged for expressing their views.

Referring to the Opposition’s ongoing criticism of demonetisation and juxtaposing it with Mersal’s anti-GST dialogues, the Bench said: “Can the court pass a gag order against him (an Opposition leader) from making such statements? This is democracy, and people have their right to freedom of expression, and this applies to films as well.”

Mersal, an Atlee Kumar directorial which stars Tamil actor Vijay, has been facing criticism from the BJP’s Tamil Nadu unit for depicting scenes which criticize the GST regime as well as Prime Minister Narendra Modi’s Digital India initiative.

The Madras High Court’s order came on a day when another row over the delay in the censor clearance for the Telugu version of the film was being attributed to alleged pressure from the BJP government at the Centre on the Censor board to ensure that the anti-GST references are omitted from the dubbed version of the movie.

However, soon after the Madras high court’s order, Censor board chief Prasoon Joshi declared that the movie’s Telugu version had been cleared “without cuts” even as he rued the fact that the reported delay in the dubbed version’s censor certification was being “unnecessarily sensationalized”.

“The process of approving a dubbed version of a film is the same as certifying a film for the first time. The CBFC website mentions very clearly how much time each part of the certification process takes. So far, the filmmakers had not received any communication about the Telugu certification, so how can they accuse us of delaying the release of their film? This is not done. The film certificate has been issued for the Telugu dubbed version without any cuts,” Joshi said on Friday.

The censor Board chief added: “I am surprised with the accusations on the CBFC for the delay. It’s a usual process which is getting unfairly and unnecessarily sensationalized”.[/vc_column_text][/vc_column][/vc_row]

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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