The Supreme Court today rejected a writ petition filed seeking a stay on streaming of the film “Why I killed Gandhi” which was set to release on the OTT platform ‘Limelight’ on 30th January which is also the death anniversary of Mahatma Gandhi.
The bench of Justices Indira Banerjee and JK Maheshwari granted liberty to the petitioner to approach the High Court.
“Writ petition under Article 32 may only be filed when there is a question of violation of Fundamental Right. No Fundamental Right of the petitioner appears to have been violated. However it appears that the petitioner is a citizen and may have a serious cause of concern. Petitioner is at liberty to approach the High Court under Article 226. This petition is not entertained.”
The Supreme Court said that the petitioner should have approached the High court first before approaching the Supreme Court directly. It further said that the High Court has the jurisdiction to hear the cases under Article 226 of the Constitution.
The counsel however said, that the movie had not been approved by the Censor Board and is being streamed across the nation.
The petition argued that the said movie tarnishes the image of the Father of the Nation, the petition stated that in the movie, Gandhi has been called “Napunsak”, jokes are being made on Gandhi and the entire courtroom has been shown laughing on Gandhi. Gandhi has also been called as “Hara hua Juari”.
“If the release and exhibition of the said movie is not stopped the same would irreparably tarnish the image of the Father of Nation and would cause public unrest, hatred and disharmony. The movie is aimed at creating communal disharmony, spreading hatred and disturbing peace.”
The petition sought removal of all contents of the controversial film from all online platforms. The petitioner, Sikandar Behl, through Advocate Anuj Bhandari, sought the prohibition of any exhibition or publication of the film or any of its contents in any manner as the film tarnishes the image of the Father of the Nation and would cause public unrest, hatred and disharmony.
Amol Kolhe, the NCP Lok Sabha MP and actor plays the role of Nathuram Godse, who killed Mahatma Gandhi in the movie, “Why I killed Gandhi”.