The Supreme Court on Thursday ruled in favor of freedom of expression in films, dismissing filmmaker Sanjay Leela Bhansali’s plea seeking a stay on the release of the film. Gangubai Kathiawadi,
A bench headed by Justice Indira Banerjee refused to accept the allegation made by a man claiming to be Kathiawadi’s adopted son that the film defames his mother.
Senior advocate Aryama Sundaram and advocate Rohini Moosa, appearing for Mr Bhansali, objected that the film glorified its central character and heroine instead of demeaning them. The film is based on the book mafia queens of bombay Published in 2011.
“It is about the upliftment of a woman and no one thinks the film is defamatory,” argued Mr. Sundaram.
Mr. Sundaram reminded the court of its landmark judgment in 1989 in S Rangarajan vs. Jagjivan Ram with respect to the film Ore Oru Gramathile, which held that freedom of expression was sacrosanct and could not be suppressed.
The senior counsel argued that there was no prima facie evidence to prove that the petitioner Babuji Shah was actually the adopted son of Kathiawadi. Mr. Sundaram argued that the cause of action ceased with the death of the individual.
The apex court had earlier suggested a change in the title of the film.
However, Mr. Sundaram informed the court on Thursday that the film has already been cleared by the Central Board of Film Certification. The name has been published and widely advertised months ago.