Gujarat HC stays release of Junaid Khan’s Netflix film Maharaj

Ahmedabad: Release of ‘Maharaj’ film by Aamir Khan’s son Junaid Khan is stayed till next hearing in the Gujarat High Court. The High Court has also issued notice to Yashraj Films, Netflix India and others.

The petitioners Girish Popatlal Dani, Bharat Pranjivandas Mandalia, Shailesh Indravadan Patwari, Amit Harivadan Parikh, Shashikant Tapubhai Soni, Yogesh Laxmidas Dubal, Bharat Chinubhai Dudhiya, Girish Maneklal Gandhi have approached the Gujarat High Court through Special Civil Application against Union of India, Central Board of Film Certification, Yash Raj Films Pvt. Ltd. and Netflix Entertainment Services India LLP.

The petitioners are the followers of Pustimargi sect and devotees of Bhagwan Shree Krishna. Recently, they said they have come across various articles regarding release of movie “Maharaj” on Netflix on 14.06.2024. While inviting the attention of the Gujarat High Court Court, it is submitted by petitioners that the film is based on “Libel Case 1862” rendered by English Judges. Reference has been made to the excerpts from the judgment (pages 38 to 45) of Libel Case. It is submitted by petitioners that the excerpts contain scandalous and defamatory language, which affects the Pustimargi sect as a whole.

The petitioners submitted that the release of the movie on the basis of Maharaj Libel Case of 1862, is likely to incite feelings of hatred and violence against the Pustimargi sect which, would be in breach of code of ethics under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021(hereinafter referred to as the ‘Rules of 2021’) and the Selfregulation Code of Over the Top Technology (OTT).

The petitioner also submitted that the representation was made in the month of April 2024 to the Yashraj Films and Netflix India by some other trust; however, the same has been replied to. Neither the request for private screening has been acceded to nor any clarification has been issued. Thus, the refusal, strengthens the apprehension on the part of the petitioners. Also, the apprehension of the petitioners becomes real and serious. Considering the secrecy maintained by Yashraj Films, adverse inference be drawn. It is further submitted by petitioners that considering the reach of OTT platforms and immediate wide distribution throughout the world, it would be rather impossible to rectify the damage caused by the release of the movie “Maharaj”.

It was further submitted by petitioners that since the release is on the OTT platform, governing provisions, would be the Information Technology Act, 2000 (hereinafter referred to as the ‘Act of 2000’) and the Rules framed thereunder. Accordingly, 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 High Court judge Sangeeta K Vishen has in the operative part of her order stated – The certification to the film was issued in the year 2023; however, the release is announced only recently and the movie is slated to be aired on 14.06.2024 on OTT platform and therefore, no prejudice will be caused to the Yashraj and Netflix if the release is stalled; except the monetary loss. As against this, 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.

The High Court has ordered issuance of notice to respondents returnable on 18.06.2024 and given Ad-interim relief till the next date of hearing.

Meanwhile Outrage has erupted among Hindu organizations, including VHP, Bajrang Dal & Sant Samaj, over the film’s negative portrayal of Hindu saints, especially a leader of the Vallabha sect being labeled a sex maniac. They’re demanding a ban and mobilizing a social media storm with #BoycottNetflix.

 

DeshGujarat