India News

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

Published

9 years ago

October 27, 2017

[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]

Related Topics:Delhi High Court Madras High Court Tamil Nadu

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INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

Published

20 mins ago

September 26, 2026

APNLive Desk

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise.

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process.

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt.

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously.

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting.

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

Concerns surrounding the Election Commission
The Special Intensive Revision of electoral rolls
Opposition demands concerning CEC Gyanesh Kumar
A possible fresh removal notice against the CEC
A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

India News

“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

Published

1 hour ago

September 26, 2026

APNLive Desk

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

India News

Gyanesh Kumar meets election commissioners amid poll panel row

Chief Election Commissioner Gyanesh Kumar met Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi amid a controversy over reported objections to Election Commission decisions.

Published

2 hours ago

September 26, 2026

APNLive Desk

Chief Election Commissioner Gyanesh Kumar held a meeting with Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi amid an ongoing controversy over the functioning and decision-making process of the Election Commission of India.

The meeting comes days after a report raised questions over formal objections allegedly recorded by the two Election Commissioners regarding several decisions and orders of the poll panel.

The Election Commission has maintained that differing views, observations and suggestions are part of its normal deliberative process. It has also said that all decisions taken by the full Commission over the past year were unanimous.

What is the Election Commission controversy?

The controversy followed a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on at least 14 occasions over a 10-month period.

The reported objections included issues concerning changes to Form 6, the handling of additions and deletions from electoral rolls and the centralisation of electoral-roll data.

Form 6 is the statutory form used for applying for registration as a voter.

The Election Commission, however, has disputed the suggestion that the objections amounted to dissent over final decisions. The poll body said written notes, observations, technical suggestions and internal checks and balances are standard parts of its functioning.

ECI says decisions were unanimous

The poll panel has said that all decisions taken by it during the past year were the outcome of unanimous decisions of the full Commission.

It also said that operational queries or inputs raised during the drafting stage are part of the normal administrative process and are intended to improve electoral procedures and safeguard voter rights.

The issue has gained significance because the Election Commission is conducting electoral-roll revisions, including the Special Intensive Revision (SIR), in several parts of the country.

Opposition parties have questioned the functioning of the poll panel and have cited the reported objections by the two Election Commissioners in their criticism of Chief Election Commissioner Gyanesh Kumar.

Political parties seek clarification

The controversy has also prompted calls for greater clarity from political parties, including some parties that are allies of the BJP-led NDA.

LJP (Ram Vilas) chief Chirag Paswan, TDP Lok Sabha floor leader Lavu Srikrishna Devarayalu and Rashtriya Lok Morcha chief Upendra Kushwaha have sought clarification from the Election Commission regarding concerns surrounding the voter-list revision and the reported objections.

The Election Commission has continued to maintain that its decisions have followed the applicable laws, rules and established procedures.