In response to a plea filed by devotees of Lord Krishna and followers of the Pustimarg sect, the Gujarat High Court on June 13 ordered an interim stay on the release of the movie "Maharaj," featuring Junaid Khan, son of actor Aamir Khan. The film, scheduled for release on the OTT platform Netflix on June 14, faced legal intervention amidst concerns of potential disruption of public order and incitement of violence against Hindu sentiments.

The Single-Judge Bench of Justice Sangeetha K. Vishen issued an ad-interim order, halting the movie's release, and scheduled the case for further hearings on June 18.

The Court's direction came following arguments that the movie, purportedly based on the 1862 Libel Case, contained blasphemous remarks against Hinduism, Lord Krishna, and devotional practices.

During the hearing, Senior Advocate Mihir H. Joshi appearing for the Petitioner submitted that the petitioners are the followers of the Pustimargi sect and devotees of Bhagwan Shree Krishna and that recently, they had come across various articles regarding the release of the movie “Maharaj” on Netflix on June 14, 2024. He submitted that the film is based on “Libel Case 1862” rendered by English Judges.

While referring to excerpts of the judgment, the Senior Counsel contended that they contain scandalous and defamatory language, which affects the Pustimargi sect as a whole. He further submitted that the release of the movie on the basis of the Maharaj Libel Case of 1862, is likely to incite feelings of hatred and violence against the Pustimargi sect, which would be in breach of the Code of Ethics under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Self-Regulation Code of Over-the-Top Technology (OTT).

Joshi also contended that the certification was issued in the year 2023; however, the release is announced only recently, and the movie is slated to be aired on June 14, 2024, on the OTT platform, and therefore, no prejudice will be caused to the respondents if the release is stalled; except the monetary loss.

Despite appeals to the Ministry of Information & Broadcasting to block the film's release, the petitioners received no response, further intensifying their concerns about the widespread dissemination of the movie through OTT platforms.

"The petitioners have made a representation to the authorised officer for blocking the release of the movie “Maharaj” on Netflix under Rule 16 of the Rules of 2021 read with Section 69A of the Act of 2000; however, till date, there is no decision taken. It is submitted that once the movie is released, irreversible situation will be created, rendering it impossible to mend the damage caused to the sect," the Court noted in its Order dated June 13.

The Bench opined, "If the relief as prayed for is not granted, petitioners are likely to suffer irreparable injury for, the reputation of the Pustimargi sect, would be affected. Also, the release of the movie, would hurt the religious sentiments and is likely to cause a public unrest, adversely impacting the public order."

Consequently, the Court ordered, "Considered the submissions. Issue notice to the respondents, returnable on 18.06.2024. Ad-interim relief is granted in terms of paragraph 11(C), till the next date of hearing."

Cause Title: Bharat Pranjivandas Mandalia & Ors. v. Union of India & Ors.

Appearance:-

Petitioner: Senior Advocate Mihir, Advocates Keyur D. Gandhi, Kunal J. Vyas, Devarsh Trivedi

Click here to read/download the Order


Justice Sangeeta K. VishenGujarat High Court

Sukriti Mishra