In the Ghooskhor Pandat title controversy, the Supreme Court directed the parties to file their reply by next week and fixed the next hearing for February 19. The Court also made it clear that Neeraj Pandey’s film will be barred from releasing until the changes in the title have been made.
The Supreme Court has directed the makers of the Netflix film Ghooskhor Pandat to change its title, observing that it is “denigrative” of a particular community. The direction came while the Court was hearing a public interest litigation seeking a stay on the film’s release and screening. A bench led by Justice BV Nagarathna said the Court cannot permit any section of society to be denigrated by the title of a film or by any other offensive material in it, if such material exists. The judges underscored that while creative freedom is protected, it cannot come at the cost of social harmony.
The PIL alleged that the film promotes caste and religion-based stereotyping and hurts the dignity and religious sentiments of the Brahmin community. The Court has now listed the matter for further hearing on February 19. The respondent filmmakers have been directed to file an affidavit placing on record a new title and detailing any other changes in compliance with the order.
During the hearing, the lawyer for the filmmakers submitted that the matter is also pending before the High Court and that the name of the film has not yet been finalised. The Supreme Court responded that freedom of expression under the Constitution is not absolute and is subject to reasonable limits, adding that such a name cannot be given.
Justice Nagarathna remarked that the makers had deliberately done this and sent a wrong message in society. She said the court cannot permit the spreading of hatred and made it clear that the film would not be allowed to be released in its present form. In response, the lawyer told the Court that the title is being changed and described the project as a police drama. The Court pointed out that there is a priest in the film. The lawyer also said that the film has not yet been released. The Supreme Court has issued notice and directed the makers to return with a new title.
Addressing the respondents, Justice Nagarathna observed: “Why should you denigrate anybody. It’s against morality and public order. Being woke is one thing. But creating this kind of unrest when there is already unrest in the country. We thought filmmakers, journalists, etc., are all responsible people and are aware of exceptions and reasonable restrictions of Article 19 (1) (a) (Fundamental Right of Speech and Expression). You tell us what names you are suggesting for the title change. Issue notice to the respondents. No section of society should be denigrated. For as long as the late 40s, the framers of the Constitution were aware of the multitude of races, castes, etc. So they introduced concept or fraternity. If you use your freedom to denigrate any section of society, we can’t permit it”, as per ANI.
The Supreme Court directed the parties to file their reply by next week, making it clear that the timeline must be adhered to. The bench said the matter will be taken up for hearing next Thursday, February 19. The Court also cautioned that no further date will be granted in the case and that the film won’t be allowed to release until the title has been changed. It underlined that the proceedings must move forward without delay. At the same time, the bench observed that there should be no commotion over the issue. The Court signalled that the matter is to be dealt with within the legal framework, without any unnecessary noise around it.
Ghooskhor Pandat stars Manoj Bajpayee in the lead role.
