SC rejects plea against movie 'Hamare Baarah', allows petitioner to appeal Bombay HC order

The top court declined the plea, citing Bombay HC's directive to release the movie after expunging certain scenes and dialogues.
Supreme Court of India
Supreme Court of IndiaFile Photo | PTI

NEW DELHI: The Supreme Court on Friday refused to entertain a plea challenging certain controversial dialogues and scenes in the Annu Kapoor-starrer movie 'Hamare Baarah', as it noted that the film was being released with cuts.

A vacation bench of Justices Vikram Nath and SVN Bhatti said it was not inclined to hear on merit the plea filed by Syed Ahamed Basha.

The apex court declined to grant a favourable order to the petitioner, citing the Bombay High Court's directive to release the movie after expunging certain scenes and dialogues. However, it allowed the petitioner to challenge that order.

"The high court has examined it and thereafter, the high court has allowed the movie to be screened. Now, if you are still aggrieved, challenge it," the top court observed, adding: "If you seek leave and file an appeal, then it would be correct for this court to examine your independent grounds."

The petitioner's counsel, Syed Mehdi Imam, then urged the bench that he be allowed to withdraw the petition. The bench allowed the withdrawal of the plea with liberty to file a fresh petition, assailing the correctness of the high court judgement.

The petitioner had approached the apex court, contesting the Central Board of Film Certification's (CBFC) grant of a certificate to the film.

The plea claimed that the director and producers of the film targeted a particular community and portrayed the status of Muslim women as slaves and chattels who are exploited by the male members.

"Chapter 2 of the Holy Quran has been misinterpreted and wrongly projected as ordaining the Muslim male to treat the Muslim female as his chattel and allowing him to exploit her in any manner,” the plea said.

'Hamare Baarah' was released on Friday after the Bombay High Court, on June 19, permitted its release following an agreement by the filmmakers to remove objectionable and controversial segments.

Several intellectuals from the Islamic community have also objected to the film, alleging it grossly misinterpreted Islam and aimed to malign both the religion and the community.

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