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Bombay High Court refuses to stay release of film 'Hamare Baarah' [Read Order]

By Shreya Agarwal      08 June, 2024 03:54 PM      0 Comments
Bombay High Court refuses to stay release of film Hamare Baarah

BOMBAY: The Bombay High Court has refused to stay the release of the movie 'Hamaare Baarah', citing resulting losses  to the filmmaker caused by such a move at the 'nth hour'.

Adding that the locus standi for an individual to claim such a relief at the last hour is undecided still, a division bench of Justices Kamal Khata and Rajesh Patil said, “We are totally in disagreement... One individual in a country of 130 crore citizens can not bring such a petition which can stall a film release, without granting any guarantee whatsoever for costs incurred by filmmakers in such a case.”

The Court also pointed out that when such a petition is brought in right before the release it is also not reasonable to expect the courts to hear them on all aspects.

In any case, the counsel for the film producers, Advocate Rahul Narichania, submitted that they had made two cuts in the film on the petitioner's concern that the content of the dialogues was objectionable.

The film would be issued a fresh certificate for release in theatres by late Friday, post these cuts, Advocate Advait Sethna, appearing for the Central Board of Film Certification (CBFC), told the court.

Originally meant to be released on Friday, the film's unveiling was attempted to be stalled at the last hour with the petition seeking that the release be stayed.

The bench was then forced to  assemble before the scheduled first day, first show on Friday.

It directed the formation of a committee to review the film as per the Cinematograph Act and submit a report in this regard by Friday morning.

However, the bench expressed its dissatisfaction with the report, stating that the “intention of the court was not fulfilled by the Committee".

It explained that, "The purpose of forming the Committee to view the film, was to give their opinion along with the reasons as required under the Cinematographic Act," it said. 

The Court also refused to grant the Committee an extension submit its report by June 12, stating that to say the "least", such a demand was "unacceptable".

The Committee wanted to engage in discussions and consultation with experts before giving its final word, however this would only stall the release of the film further.

Stating that the Committee too has "failed to carry out the obligation it had undertaken to do," the bench held that, “considering the peculiar facts and circumstances of the case that have arisen, it would not balance the equities in favour of the parties if the film release is stalled,” said the court.

It also refused to accept the petitioner Azhar Tamboli's vehement demands that the release be stalled until Saturday.

It said, “One person cannot hold to ransom (a film's release) at the nth hour and expect the courts to consider all aspects when the report is still pending.” 

[Read Order]



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