Supreme Court halts release of controversial film ‘Hamare Barah’
Supreme Court suspends release of ‘Hamare Barah’ amid controversy over alleged derogatory content. Details inside.
Statesman Web | June 14, 2024 10:22 pm
The film ‘Hamare Barah’ has been embroiled in lawsuits and controversies for some time now. On Tuesday, the Supreme Court halted the release of the contentious film, directing the High Court to expedite their decision on a plea alleging that the film was derogatory to the Islamic faith and to married Muslim women.
The Supreme Court made its decision in response to a plea challenging the Bombay High Court’s ruling to suspend the film’s release. Despite arguments that the filmmakers had removed contentious dialogues from the trailer as per the High Court’s directive, the SC bench, consisting of justices Vikram Nath and Sandeep Mehta, dismissed the claim. According to PTI, the bench remarked, “We have seen the movie trailer this morning, and all the offensive dialogues persist in the trailer.”
The filmmakers’ lawyers argued that the postponement of the film’s release would result in significant financial losses. However, the Supreme Court maintained its position, stating, “If the teaser is so offensive, then what about the whole movie… Prima facie it seems you have failed since you yourself deleted the scenes from the teaser.” The bench announced that the screening of ‘Hamare Barah’ would remain suspended until the High Court reaches a decision on the plea, urging the Bombay High Court to expedite its ruling.
Advertisement
Before the case reached the Supreme Court, a plea had been filed in the High Court alleging that the film’s themes and content were objectionable. Initially, the High Court had halted the film’s release in response to the petition, which claimed that it portrayed Islamic faith and married Muslim women in a derogatory manner. Filed by Azhar Basha Tamboli, the petition argued that the film violated the Cinematograph Act of 1952 and could infringe upon constitutional articles 19(2) and 25. It was argued that the film misinterpreted “Aayat 223,” a verse in the Quran.
However, just one day after the stay order, the High Court lifted the injunction on the film’s release, provided that the makers removed two controversial dialogues from the trailer. Additionally, the High Court ordered the formation of a review committee with at least one Muslim member to assess the film and submit a report. Despite the committee’s request for more time to deliver their report, the High Court objected to the extension.
These recent developments regarding the film’s release follow the Karnataka government’s decision to ban it due to concerns about potential communal tensions. Since the release of the film’s trailer, it has sparked numerous debates regarding the misinterpretation of religious verses and themes.
A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred due to Section 195(1)(b) of the Code of Criminal Procedure.
As Sibal said air pollution was “getting out of control” and courts be allowed to function online, Chief Justice Khanna said, “We have told all judges here, wherever possible, to allow virtual (hearing).”
In its decision, the Supreme Court bench highlighted the eight-year delay in filing the First Information Report (FIR) as a key reason for granting bail.