IN THE HIGH COURT OF DELHI AT NEW DELHIns.ibnlive.in.com/embeds/files/1206/pil-tajinder-pal... · Web viewOf Delhi High Court, At New Delhi The Humble Petition of the Petitioner Above

IN THE HIGH COURT OF DELHI AT NEW DELHI(EXTRAORDINARY WRIT JURISDICTION)Writ Petition (Civil) No. _____ of 2012

(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)IN THE MATTER OF :Tajinder Pal Singh Bagga …PETITIONER

VERSUSUnion of India & Anr. …RESPONDENTS

INDEXSR. No.

PARTICULARS PAGE

NO.1. NOTICE OF MOTION2. URGENT APPLICATION3. MEMO OF PARTIES4. SYNOPSIS AND LIST OF DATES5. WRIT PETITION (PIL) UNDER ARTICLE 226 OF

CONSTITUTION OF INDIA SEEKING WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT SEEKING DIRECTIONS TO RESPONDENT No. 1 and 2 TO IMPOSE COMPLETE BAN ON THE SONG “BHARAT MATA” IN THE UPCOMING MOVIE “SHANGHAI” RELEASING NATIONWIDE ON 8/6/2010, AND ALSO PASS APPROPRIATE ORDERS FOR REMOVAL OF THE SONG FROM ALL INTERNET PORTALS OR ON ANY OTHER PUBLIC DOMAIN OR ANY OTHER PUBLICATION MEDIUM (PRINT OR ELECTRONIC) AND FURTHER PASS ORDERS FOR STOPPING ANY BROADCAST OF SAID SONG ON ANY TV CHANNEL OR RADIO AND FURTHER SEEKING COMPLETE BAN ON SALE OF AUDIO/VIDEO CD’s OF SAID MOVIE “SHANGHAI” WHICH CONTAINS THE SAID SONG “BHARAT MATA”

6. ANNEXURE P-1CD CONTAINING SONG “BHARAT MATA KI JAI” FROM THE MOVIE “SHANGHAI” PRODUCED AND DIRECTED BY DIBAKAR BANERJEE

7. ANNEXURE P-2VIDEO CD CONTAINING INTERVIEW OF DIRECTOR THE UPCOMING MOVIE “SHANGHAI”

8. INTERIM APPLICATION SEEKING STAY ON MOVIE “SHANGHAI”

9. VAKALATNAMA

Tajinder Pal Singh

Bagga

New Delhi Through

Dated

Vikas Padora, Rita

Hingmang

1/35, 1st FloorDouble Storey

Jungpura ExtenstionNew Delhi-14

Mobile No. 09999195702


(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :Tajinder Pal Singh Baggas/o Shri. Preet Pal Singh …Petitionerr/o 11/35B, 1st FloorTilak NagarNew Delhi-18

VERSUS

1) Union of IndiaThrough it Chief SecretaryMinistry of Information and BroadcastingA-Wing, Shastri BhawanDr. Rajender Prasad MargNew Delhi-110001 …Respondent No. 1

2) Central Board of Film CertificationThrough its Chairman Bharat Bhawan91-E, Walkeshwar RoadMumbai-400006 …Respondent No.

2

URGENT APPLICATIONTo,

THE REGISTRAR, OF THE HIGH COURT OF DELHI,AT NEW DELHI.

Sir,

Kindly treat the accompanying petition as an urgent one as per the Delhi High Court Rules.

The ground of urgency is that on 8/6/2012 the movie “Shanghai” will be released nation-wide and the said movie contains a song “Bharat Mata Ki Jai” which is highly defamatory to India, as a Nation and also offensive to any Indian citizen, and present petition seeks stay on the said movie till the said offensive song is completely removed from the said movie.

It is most humbly prayed.

New Delhi Tajinder Pal Singh

Bagga

Through

Dated Vikas Padora, Rita

Hingmang

1/35, 1st Floor

Double Storey Jungpura Extenstion

New Delhi-14Mobile No. 09999195702


(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)IN THE MATTER OF :

Tajinder Pal Singh Bagga …PETITIONER

VERSUS

Union of India & Anr. …RESPONDENTS

MEMO OF PARTIESTajinder Pal Singh Baggas/o Shri. Preet Pal Singh …Petitionerr/o 11/35B, 1st FloorTilak NagarNew Delhi-18

VERSUS

1) Union of IndiaThrough it Chief SecretaryMinistry of Information and BroadcastingA-Wing, Shastri BhawanDr. Rajender Prasad MargNew Delhi-110001New Delhi …Respondent No. 1


2

New Delhi Tajinder Pal Singh

Bagga

Through

Dated

Vikas Padora, Rita Hingmang1/35, 1st FloorDouble Storey


Mobile No. 09999195702



IN THE MATTER OF :


VERSUS


NOTICE OF MOTIONTo,

1) Union of IndiaThrough it Chief SecretaryMinistry of Information and BroadcastingA-Wing, Shastri BhawanDr. Rajender Prasad MargNew Delhi-110001New Delhi …Respondent No. 1


2

Please take note that the above noted matter will be listed on __/__/2012 before the Hon’ble High Court of Delhi. It is, therefore, requested to you to please enter your appearance on the said date.

Tajinder Pal Singh Bagga

New Delhi Through

Dated Vikas Padora, Rita

Hingmang

1/35, 1st FloorDouble Storey


Mobile No. 09999195702

SYNOPSIS

An ancient Sanskrit verse reads:

Ratnakaradhautapadam Himalyakirtitinim

Brahmarajarsiratnamdhyam vande Bharatamataram II

“I pay my obeisance to mother Bharat, whose feet are being a washed by

the ocean, who wears the mighty Himalaya as her crown, and who is

exuberantly adorned with the gems of traditions set by Brahmarsis and

Rajarsis”

The abovementioned verse is evident that the term “Bharat-Mata” has been used in Indian culture and tradition since ages, though most of the use of the term came into existence in 19 th century, during the great Indian Freedom struggle.

The term “Bharat-Mata” is evident on the point that India is not only a piece of land, but a divine land, a land whom Indians worship as mother and goddess. The term “Bharat Mata” has not only religious significance but also has national and political significance. Where on one hand, the Land was always worshipped since Vedic periods, there on another hand the term “Bharat Mata” was used by freedom fighters.

The term “Bharat Mata” is not only a term which can be used loosely whenever convenient, but it has become a term synonym for India. Slogans of “Bharat Mata ki Jai” is often invoked to show respect towards the nation and it is a well known fact that even Indian Army uses the term “Bharat Mata ki Jai” to show the spirit of sacrifice for the nation.

Indian cinema has produced many movies and songs which praises “Bharat Mata” and ignites the sense of patriotism in hearts of the listeners. It can be safely concluded that the term “Bharat Mata” has become a symbol of national pride and honour. It is most pertinent to mention that even the national song of India “Vande Mataram”, which was composed by Bankim Chandra Chattopadhyay in his novel Anandmath written in 1882, was derived from a ancient Sanskrit verse (mentioned above) which identified India/Bharat as “Bharat-Mata/Mother-India” and was praised and worshipped. The

novel Anandmath also presents India as “Bharat Mata” and is shown as image of Goddess Durga.

It is also pertinent to mention that term “Bharat Mata” has not remained confined only upto the books and novels, but has turned into a form of Goddess and symbol of national pride and honour. There are many temples which have been dedicated to “Bharat Mata”. Two prominent temples of “Bharat Mata” are in Haridwar and another in Varanasi.

There are emotions of millions of Indians attached to the term “Bharat Mata” who are proud to be Indians and find proud to call themselves sons of soil of India. There are emotions of millions attached to the term as it reminds them of the freedom struggle, where their forefather laid down their lives for the honour of term “Bharat Mata”.

But when any insulting remark is made on “Bharat Mata” or the term is used in any derogatory sense, it is bound to hurt the emotions of millions of Indians, who consider the Land of India as Mother/Goddess. The term “Bharat Mata”, which should be always cherished, respected, protected and honoured, when insulted and disrespected, is bound to result in public outburst.

“Shanghai” is an upcoming bollywood movie, to be released in India and worldwide on 8/6/2012. The said movie has a song which goes as under:

“Bharat Mata ki……Bharat Mata ki tum jai boloJai Bharat Mata ki jaiSone ki chidiyaDengue MalariaGud bhi hai Gobar bhiBharat Mata ki jai”

It is evident from the aboesaid verse of the song that “Bharat Mata” has been presented in most humiliating, outraging and most insulting manner. The insulting and outraging words used in song to designate “Bharat Mata” clearly shows that the writer has least love and respect for India as Nation, and more particularly for the term “Bharat Mata”, the term which has actually boosted and driven the entire Great Indian Freedom Struggle. The writer has not only brought

disgrace to himself by outraging the pride and honour of India/Bharat Mata, but is also bent upon to bring disgrace upon millions of Indians and insult their emotions by releasing the song in India and Worldwide. The writer, with intentions to earn private financial profits, has completely ignored and insulted the emotions of millions of Indians who, despite many diversities and differences, feel proud be called as Indians. The writer has completely ignored the fact that the term “Bharat Mata” is a source of inspiration and reason to be proud of, to millions of patriot Indians and also to millions of Indian Armymen, who are taught to respect and protect the land even before their own real mothers. It is evident that the writer has written the song with a sense of shame, hatred and disgust towards India, and which shows how unworthy he is, to be called as an Indian Citizen.

To add insult to injury, even Respondent No. 2 (Censor Board) has passed the said song for broadcasting. It is pertinent to mention that earlier the song was objected upon by Respondent No. 2 (Censor Board) and producer/director of movie was directed to edit or delete the song, but later on somehow Censor Board allowed the song to continue in its same shape and lyrics. The reasons are unknown, but visibly obvious.

In a TV interview, the producer/director of the movie, who has also written the impugned song, was found saying that the said song “Bharat Mata” shall be edited or deleted only if Court orders. It is clear from the said interview that movie directors and producers have innovated a new method to promote their movies through the Court cases. Such producers/directors have started to make Courts as their platforms to promote their movies, as in Court cases these movies get a publicity (positive or negative, whatever) through media. Such indirect method of publicity by such directors/movies should be discouraged by passing appropriate and strict orders against the movie “Shanghai”

Hence, this Public Interest Litigation Petition.

LIST OF DATES

DATES EVENTS

May 2012 Song “Bharat Mata” released on internet and through audio CD’s from the upcoming movie “Shanghai”

8/6/2012 Movie “Shanghai” to be released nation wide

__/___/2012 Hence, this PIL



IN THE MATTER OF :


VERSUS


WRIT PETITION (PUBLIC INTEREST LITIGATION) UNDER ARTICLE 226 OF CONSTITUTION OF INDIA SEEKING WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT SEEKING DIRECTIONS TO RESPONDENT No. 1 and 2 TO IMPOSE COMPLETE BAN ON THE SONG “BHARAT MATA” IN THE UPCOMING MOVIE “SHANGHAI” RELEASING NATIONWIDE ON 8/6/2010, AND ALSO PASS APPROPRIATE ORDERS FOR REMOVAL OF THE SONG FROM ALL INTERNET PORTALS OR ON ANY OTHER PUBLIC DOMAIN OR ANY OTHER PUBLICATION MEDIUM (PRINT OR ELECTRONIC) AND FURTHER PASS ORDERS FOR STOPPING ANY BROADCAST OF SAID SONG ON ANY TV CHANNEL OR RADIO AND FURTHER SEEKING COMPLETE BAN ON SALE OF AUDIO/VIDEO CD’s OF SAID MOVIE “SHANGHAI” WHICH CONTAINS THE SAID SONG “BHARAT MATA”

To, The Hon’ble Chief JusticeAnd His Companion Judges,Of Delhi High Court,At New Delhi

The Humble Petition of the Petitioner Above named

MOST RESPECTFULLY SHOWETH:1. That the present Writ Petition is being filed as Public Interest

Litigation, under Article 226 of the Constitution of India, seeking

directions to respondent no. 1 and 2 to impose complete ban on

the song “bharat mata” in the upcoming movie “shanghai”

releasing nationwide on 8/6/2010, and also pass appropriate

orders for removal of the song from all internet portals or on any

other public domain or any other publication medium (print or

electronic) and further pass orders for stopping any broadcast of

said song on any tv channel or radio and further seeking

complete ban on sale of audio/video cd’s of said movie

“shanghai” which contains the said song “bharat mata”. The

petitioner has no personal interest in the present PIL and is

guided by general-interests of society at large, and hence has no

ulterior motive in filing the present PIL.

2. That the petitioner is presently working as president of youth

organization “Bhagat Singh Kranti Sena” a organization working

on the issues like awareness against corruption, awareness

among youth regarding social issues, awareness of rights and

duties of youth towards their nation etc. and having its office at

11/35B, Tilak Nagar, New Delhi-18. Apart, petitioner is also a

social activist and has carried out many protests against various

social issues and national issues and hence competent to

present this PIL.

3. That the PIL has been filed for general benefit of public at large

as the petition brings out the general cause regarding the pride

and honour of our nation India and is intended to restrain certain

malicious people from bringing pride and honour of India into

disrepute and disrespect.

4. That the present PIL is confined only to the issues of general

public interests and petitioner has no personal interests in the

cause.

5. That the petitioner is the president of Youth Organization

“Bhagat Singh Kranti Sena” a social awareness organization and

also a social activist and hence competent to espouse the cause in

present PIL and in case costs are imposed by this Hon’ble Court,

same shall be paid by petitioner himself.

6. That the petitioner has given a written complaint dated 3/5/2012

to police also in this regard but no action was taken by the police

as the matter apparently falls into the jurisdiction of Respondent

No. 1 and 2. Petitioner had also given representation dated

8/5/2012 to respondent no. 2 but no action was taken by

Respondent no. 2 and hence petitioner has no other option but to

approach this Hon’ble Court and hence the only appropriate

remedy is by way of PIL.

7. That the petitioner has previously filed one Writ Petition/PIL

before this Hon’ble Court, bearing W.P. (Civil) No. 1051 of 2012,

and apart from said Writ Petition (PIL), no other PIL or Writ Petition

is ever filed in any other High Court or Hon’ble Supreme Court of

India.

8. FACTS LEADING TO THIS WRIT PETITION:

a) That the petitioner is presently working as President of “Bhagat

Singh Kranti Sena” and as a social worker and is preferring

present PIL to bring out a issue before this Hon’ble Court, which

if ignored, may result in brining the national pride and honour of

India in disrepute and disrespect. And it is most respectfully if

any appropriate action is not taken by Respondent No. 1 and 2, it

may result in an ugly situation and hence present petition has

been filed on urgent basis in the vacations of Hon’ble High Court.

b) That the Respondent no. 1 is Union of India, Through its Chief

Secretary, Ministry of Information and Broadcasting and hence

responsible for overall functioning of broadcasting affairs,

regulatory or any other kind in nature, all over India.

c) That the Respondent no. 2 is Censor Board of India (Central

Board for Film Certification) and is responsible for all fitness

certificates and permissions granted to movies released in India

d) That it is most respectfully submitted that on 8/6/2012, a new

bollywood movie “Shanghai” is scheduled to be released

nationwide.

e) That the said movie “Shanghai” is produced and directed by Mr.

Dibakar Banerjee. Said Mr Dibakar Banerjee has also given lyrics

of the song-in-question “Bharat Mata” in the said movie.

f) That it is most respectfully submitted that the said movie

“Shanghai” has a song (Bharat Mata) in it, which is impugned in

the present PIL. The lyrics of the said song has been given by the

Producer and Director of the movie Mr. Dibakar Banerjee. The

said song has tendency of bringing national honour and pride of

India and any common Indian with even bit of patriotic feelings,

into hatred, disrespect and disrepute. The CD containing songs of

movie “shanghai” dated NIL is annexed herein as ANNEXURE P-

1. The following are the main lyrics of the said song “Bharat

Mata”:

“Bharat Mata ki……

Bharat Mata ki tum jai bolo

Jai Bharat Mata ki jai

Sone ki chidiya

Dengue Malaria

Gud bhi hai Gobar bhi

Bharat Mata ki jai”

g) That it most respectfully submitted that the said movie

“Shanghai” is scheduled to be released on 8/6/2012, and the

audio CD’s of the songs of movie are already available for sale

and the songs are also available on internet for free audience

and downloading. It is further submitted that the said movie

alongwith its songs, including “Bharat Mata”, is scheduled to be

released internationally on various dates in the month of June

and shall also be telecasted in film festival at IIFA at Dubai on 7 th

or 8th of June.

h) That it is most respectfully submitted that apart from release if

movie in India, the movie shall be released worldwide in the

month of June and it is no doubt obvious that the movie shall also

carry English sub-titles for foreign audience and viewers. It is

further submitted that the English subtitles of the song “Bharat

Mata” may appear in following fashion:

“Say victory to such Bharat Mata

Bharat Mata’s victory

Which claims to be a golden sparrow

But, which actually is nothing but home of Dengue

and Malaria (illenesses)

It is sugar but is actually like a dung (animal waste)

Say victory to such Bharat Mata”

i) That it is most respectfully submitted that the abovesaid

translation is merely a probable translation of the song and it

may or may not appear in exact wordings in english (any other

language) subtitiles, when the movie shall be released

worldwide, but whatever exact or similar translation is given to

the said song, the song shall bring the National Honour of India

into contempt, disrepute, disrespect, disgust and public insult on

international platforms. It is most respectfully submitted that the

said song has tendency of depicting India as home to illnesses,

misery and disgust.

j) That the said song has been written with clear intentions to

outrage the national honour and pride on any reasonable Indian

having even small sense of patriotism.

k) That it is highly shameful that the movie directors and producers

can go to this extent, that just as to promote their movies they

put the national honour on stake, in India and also on the

international platforms.

l) That it is most respectfully submitted that

directors/producers/promotional team of any new movie makes

many innovative ideas to promote their new movies but it should

be kept in notice that promotional stunts should be confined only

to some certain limits, and should not transgress the limits of

morality, decency and brining national honour in disrespect,

either in India or on International arenas. The right to speech is

guaranteed but the said right is not absolute and has certain

restrictions as per Constitution of India. The song has brought

National honour and respect of any reasonable India into

disrespect and contempt.

m) That it is further pertinent to mention that even Respondent No.

2 (Censor Board) had earlier objected to the said lines of the

song and directed the film director/producer to delete it as it was

against notional honour. The said action of Respondent No. 2 was

widely covered by media, written and electronic. But surprisingly,

director/producer did not delete the said portion not amended it

and the song was released as it, more surprisingly, Respondent

No. 2 (Censor Board) passed it this time. The reasons are

unknown but not unobvious.

n) That it is further most respectfully submitted that film

directors/producers have innovated a new method of promoting

their movies. These producers/directors, first include something

very objectionable in their movies and even on the directions of

Censor Board don’t remove such materials. And they delete or

amend such materials only on directions of Courts, on some PILs

or other petition filed by some public spirited persons. Hence, it

is very apparent that these producers/directors have started to

use Law and Courts as their promotional platform to promote

their movies, as these court cases are widely covered by news

media. It is most respectfully submitted that said promotional

stunts of film producers/ directors should be discouraged and

some strict action should be taken to send a clear message to

such producers/directors. In the present case also the

producer/director Mr. Dibakar Banerjee has done something

similar. He has clearly defied the directions of Respondent No. 2

(Censor Board) and released the impugned song in its original

form and then in a TV interview he said that song with will be

deleted or amended only upon a court order. The CD containing

interview of producer/director of movie “Shanghai” is annexed

hereby as ANNEXURE P-2

o) That it is most respectfully submitted that not only the song from

the movie “shanghai” should be banned but also the movie

should be stayed till the removal of the song from the movie and

till the new audio CD’s of the movie are not launched in market,

after deleting the said song.

p) WHAT IS BHARAT MATA:

i) That since time immemorial in Indian culture, the

earth, the land is considered as Mother/Mata. The

land is worshipped, as it has always been given the

status of Goddess/Mother/Mata. The fact is evident

from the fact that whenever any new land is

purchased or received, there is a ceremony known as

“bhumi-pujan”, which means worship of the land.

ii) That it is most respectfully submitted that in

India, earth (mitti) is also considered as a form of

mother/mata, and is often worshipped on many

occasions in many regions.

iii) That it is most respectfully submitted that

since ages, earth is believed and considered liked a

mother, and termed as “mother-earth” who gives

birth to all the flora, fauna, humans and everything

else including landscapes, rivers, seas, mountains

etc, and then nourishes them like a mother does, and

in Indian traditions it is called “Dharti-Mata”

iv) The origin of earth as mother can be traced

back in Indian Culture when Lord Brahma created the

universe and also created Earth as his daughter and

she was directed to give birth to flora, fauna, rivers,

seas, deserts, mountains etc. Since those times Earth

is considered as mother of all things which are on

earth.

v) That it is most respectfully submitted that India

is not only a country with political dimensions, it is

infact home to many cultures, traditions, customs,

languages living together under one roof. Despite

many changes, political or geographical, the tradition

of considering earth as mother has not changed with

times. The earth was worshipped ever since

centuries and is still being worshipped as mother.

vi) That so as to explain the concept of Bharat-

Mata, it is pertinent to mention that, when Britishers

ruled India it was considered in India that Britishers

are foreign enemies who have invaded the land of

India and such invasion was considered as invasion

into the mother itself. And when it was here when

seeds of term “Mother-India”/ “Bharat-Mata” were

sown. It is no doubt true that whole earth is

considered as mother (mother-earth), but after many

new nations came into existence, the world was

divided into many political boundaries and lands

were assigned to such nations accordingly. And

accordingly Indians started to consider India as

mother-land and continued to worship the land now

known as “Bharat-Mata”/ “Dharti-Mata”.

vii) That it is most respectfully submitted that

apart from having religious or traditionally beliefs

about land considered as mother in India, the land is

considered as mother even in patriotic sense. When

the land is worshipped in religious sense, it is known

as “Dharti-Mata”, and when land is worshipped in

patriotic sense, it is called “Bharat-Mata”

viii) That the term “Bharat-Mata” should not

considered just as a word or a substitute of term

“Dharti-mata”, but infact the term “Bharat-Mata” is

sign of India’s struggle for freedom, when thousands

of Indians laid down their lives in the name of

“Bharat-Mata” and when even today our brave

soldiers protect the borders with only one word on

their lips i.e “Bharat-Mata”

j) That the term “Bharat-Mata” is not only a word which

should be loosely used in any context whenver

convenient, but it is the proof of emotional, religious,

traditional values of Indians who consider the land as

their mother, and such land is considered as mother

and nourishr of all the things which are present all

over India like Humans, animals, flora, fauna,

mountains, deserts, rivers, seas, land, soil, greenry

and everything else.

k) That it is pertinent to mention that during freedom

struggle, “Bharat-Mata” was even pictured on the

Indian flags, thereby showing that the struggle for

freedom was not only for a name called “India” but

for the land whom Indians call as mother i.e Bharat

Mata.

l) That it is most respectfully submitted that there are

many temples in India which have been dedicated to

“Bharat-Mata” and hence it is evident that Indians

have placed “Bharat-Mata” as form of Goddess

herself. And the said fact is also proved by the

reading of Vedas and puranas also.

m) That whenever “Bharat-Mata” is depicted in pictures

and paintaings, she is shown standing across India,

with flag of India in one hand and other hand raised

for blessings.

n) That it is written in an ancient Hindu verse:

Ratnakaradhautapadam Himalyakirtitinim

Brahmarajarsiratnamdhyam vande

Bharatamataram II

“I pay my obeisance to mother Bharat, whose feet are

being a washed by the ocean, who wears the mighty

Himalaya as her crown, and who is exuberantly

adorned with the gems of traditions set by Brahmarsis

and Rajarsis”

o) That it is evident from the above reading that the

term “Bharat-Mata” hasn’t remained only as Word,

but has attained a status, larger then life. It has

become a term which reminds every Indian, our

freedom struggle, when our forefathers laid down

their lives. It has become a synonym for National

Honour and respect. The term is morale-booster for

Indian soldiers on borders who stand day-and-night

to guarn Indian borders from enemy infiltrations.

p) That it is most respectfully submitted that when any

derogatory term is used against concept of “Bharat-

Mata” or if the concept “Bharat-Mata” is used in any

derogatory sense, it is not only offensive to any

common Indian with reasonable patriotism but is also

a slap on the face of national honour, and it is like an

insult shown to freedom struggle of our forefathers.

q) That it is no doubt true that every country has some good

qualities and also some negative issues, but it is not at all

justified that a citizen should make fun of the country in local or

international platforms. Moreover, it is most shameful when such

comments are directed against the national honour just for

earning some monetary profits. The solution is not in insulting

the national honour but in contributing towards the development.

r) That the producer/director has intentionally brought National

Honour of India into disrepute and has insulted the freedom

struggle of Indians by depicting “Bharat-Mata” as home of

dengue and malaria and bundle of dung (gobar).

s) That the producer/director has brought the patriotic feelings of

many Indians into contempt and has attempted to sell national

honour for his personal monetary profits.

GROUNDS

A) BECAUSE the impugned song of upcoming movie

“Shanghai” has brought the national honour and pride into

disrepute, disrespect and contempt

B) BECAUSE the impugned song of upcoming movie

“Shanghai” has insulted the symbol of great Indian

freedom struggle by tarnishing the image of ‘Bharat Mata’

C) BECAUSE respondent no. 2 has committed a grave error in

permitting/passing the song “Bharat Mata” while knowing

that the song is offensive to any Indian with even a small

sense of patriotism

D) BECAUSE the song is insulting in nature and if released in

India or on International platforms, shall bring insult to

national honour and dignity

E) BECAUSE the impugned song “Bharat Mata” has hurt many

people who are patriotic in nature

9) That the Petitioner craves leave of this Hon’ble Court to add,

alter or amend any of the above grounds and to file Additional

affidavit at a later stage if so advised.

11) That no other petition seeking the same relief has been moved

or pending before this Hon’ble Court or any other Court

including Supreme Court of India. The present Writ Petition is

bona-fide and made in the interest of justice.

P R A Y E R

In the facts and circumstances of the case, as mentioned above, it is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:

A. pass an order directing respondent no. 1 and 2 to impose complete ban on song (Bharat Mata) of movie “Shanghai”; and

B. pass an order directing respondent no. 1 and 2 to take steps and completely ban the sale of audio CDs of movie “Shanghai” which contains the song “Bharat Mata”; and

C. pass an order directing respondent no. 1 and 2 to impose complete ban on playing/broadcast of song “Bharat Mata” on any TV channel, radio, Internet portals or on any other platform whatsoever; and

D. pass an order directing respondent no. 1 and 2 to stop the broadcast of movie “Shanghai” in any cinema hall across India, if it contains the song “Bharat Mata”; and

E. pass any other order/orders which this Hon’ble Court may deem fit and proper.

FOR THIS ACT OF KINDNESS THE PETITIONERS/APPLICANTS HEREIN AS IN DUTY BOUND SHALL EVER PRAY

New Delhi Through

Dated



Mobile No. 09999195702



IN THE MATTER OF :


VERSUS


AFFIDAVIT IN SUPPORT OF THE PETITION

I, Tajinder Pal Singh Bagga, s/o Shri Preet Pal Singh, aged about 26 years r/o, 11/35B, 1st Floor, Tilak Nagar, New Delhi-18, do hereby solemnly affirm and declare as under: -

1) That I am the petitioner in the present petition.2) That I have filed the present petition as a Public Interest

Litigation. 3) That I have gone through the Delhi High Court (Public

Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof.

4) I have no personal interest in the litigation and neither myself nor anybody is interested would in any manner benefit from the relief sought in the present litigation save a member of General Public. The petition is not guided by self-gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition.

5) I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/material which was available and which was relevant for this Court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material/information which may have enabled this Court to form an opinion whether to entertain this petition or not and/or whether to grant and relief or not.

6) The contents of the Petition are also explained to me in Hindi.

7) That I have not moved any other similar petition before the Hon’ble Supreme Court of India or this Hon’ble Court or any other High Court.

D E P O N E N T

VERIFICATION

Verified at New Delhi, this the ____day of______2012 that the contents of this affidavit are true and correct to the best of my

knowledge and belief and nothing material has been concealed there from.

D E P O N E N T

IN THE HIGH COURT OF DELHI AT NEW DELHI(EXTRAORDINARY WRIT JURISDICTION)

Civil Misc. Application No. ______ of 2012IN

Writ Petition (Civil) No. _____ of 2012(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :


VERSUS


APPLICATION SEEKING AD INTERIM STAY ON MOVIE “SHANGHAI” DURING THE PENDENCY OF THE PRESENT WRIT

PETITION

To, The Hon’ble Chief JusticeAnd His Companion Judges,Of Delhi High Court,At New Delhi

The Humble Petition of the Petitioner Above named

MOST RESPECTFULLY SHOWETH:1. That the present application has been

filed in the present Writ Petition seeking ad interim stay on the

release and broadcasting of movie “Shanghai” during the

pendency of the present Writ Petition.

2. That the detailed facts of the Writ

Petition are mentioned herein again for the sake of brevity and

present application may be read as part and parcel of main Writ

Petition.

3. That it is most respectfully submitted

that it is highly shameful that the movie directors and producers

can go to this extent, that just as to promote their movies they

put the national honour on stake, in India and also on the

international platforms.

4. That it is most respectfully submitted

that directors/producers/promotional team of any new movie

makes many innovative ideas to promote their new movies but it

should be kept in notice that promotional stunts should be

confined only to some certain limits, and should not transgress

the limits of morality, decency and brining national honour in

disrespect, either in India or on International arenas. The right to

speech is guaranteed but the said right is not absolute and has

certain restrictions as per Constitution of India. The song has

brought National honour and respect of any reasonable India into

disrespect and contempt.

5. That it is further pertinent to mention

that even Respondent No. 2 (Censor Board) had earlier objected

to the said lines of the song and directed the film

director/producer to delete it as it was against notional honour.

The said action of Respondent No. 2 was widely covered by

media, written and electronic. But surprisingly, director/producer

did not delete the said portion not amended it and the song was

released as it, more surprisingly, Respondent No. 2 (Censor

Board) passed it this time. The reasons are unknown but not

unobvious.

6. That it is further most respectfully

submitted that film directors/producers have innovated a new

method of promoting their movies. These producers/directors,

first include something very objectionable in their movies and

even on the directions of Censor Board don’t remove such

materials. And they delete or amend such materials only on

directions of Courts, on some PILs or other petition filed by some

public spirited persons. Hence, it is very apparent that these

producers/directors have started to use Law and Courts as their

promotional platform to promote their movies, as these court

cases are widely covered by news media. It is most respectfully

submitted that said promotional stunts of film producers/

directors should be discouraged and some strict action should be

taken to send a clear message to such producers/directors. In

the present case also the producer/director Mr. Dibakar Banerjee

has done something similar. He has clearly defied the directions

of Respondent No. 2 (Censor Board) and released the impugned

song in its original form and then in a TV interview he said that

song with will be deleted or amended only upon a court order.

7. That the present application is bona-

fide and made in the interests of Justice.

P R A Y E R

In the facts and circumstances of the case, as mentioned above, it is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:

A. pass an order granting ad interim stay on the release and broadcasting of movie “Shanghai” during the pendency of the present Writ Petition:and

B. pass an order granting ad interim stay on the release and broadcasting of movie “Shanghai” until the song “Bharat Mata” is not removed/deleted from the movie; and

C. pass an order granting ad interim stay on release and broadcasting of movie “Shanghai” until all the audio CD’s of the movie “Shanghai” are not withdrawn from sale and edited accordingly with song “Bharat Mata” removed from such CD’s; and

D. pass any other order/orders which this Hon’ble Court may deem fit and proper.

FOR THIS ACT OF KINDNESS THE PETITIONERS/APPLICANTS HEREIN AS IN DUTY BOUND SHALL EVER PRAY

New Delhi Through

Dated



Mobile No. 09999195702

IN THE HIGH COURT OF DELHI AT NEW DELHI(EXTRAORDINARY WRIT JURISDICTION)

Civil Misc Application No. ________ of 2012IN

Writ Petition (Civil) No. _____ of 2012(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :


VERSUS


AFFIDAVIT IN SUPPORT OF THE PETITION

I, Tajinder Pal Singh Bagga, s/o Shri Preet Pal Singh, aged about 26 years r/o, 11/35B, 1st Floor, Tilak Nagar, New Delhi-18, do hereby solemnly affirm and declare as under: -

1) That I am the petitioner in the present interim application.2) That I have filed the present application in main Writ Petition as a

Public Interest Litigation. 3) That I have gone through the Delhi High Court (Public Interest

Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof.

4) I have no personal interest in the litigation and neither myself nor anybody is interested would in any manner benefit from the relief sought in the present litigation save a member of General Public. The petition is not guided by self-gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition.

5) I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/material which was available and which was relevant for this Court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material/information which may have enabled this Court to form an opinion whether to entertain this petition or not and/or whether to grant and relief or not.

6) The contents of the application are also explained to me.7) That I have not moved any other similar petition before the

Hon’ble Supreme Court of India or this Hon’ble Court or any other High Court.

D E P O N E N T

VERIFICATION

Verified at New Delhi, this the ____day of______2012 that the contents of this affidavit are true and correct to the best of my

knowledge and belief and nothing material has been concealed there from.

D E P O N E N T

IN THE HIGH COURT OF DELHI AT NEW DELHIns.ibnlive.in.com/embeds/files/1206/pil-tajinder-pal... · Web viewOf Delhi High Court, At New Delhi The Humble Petition of the Petitioner Above

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