Supreme Court Refuses to Stay Documentary Film On Arvind Kejriwal

Team SoOLEGAL 17 Nov 2017 5:09pm

Image courtesy: SC Upholds Freedom Of Expression, Refuses To Stay Documentary On Aravind Kejriwal Supreme Court Refuses to Stay Documentary Film On Arvind Kejriwal

A three judge bench of Supreme Court headed by Chief justice Dipak Misra and Justices D.Y. Chandrachud and A.M. Khnawilkar rejected a writ petition seeking an injunction against the release of the film ‘An Insignificant Man’, documenting the life of Delhi Chief Minister Arvind Kejriwal.

The apex court said that courts must be “extremely slow” to interfere with artistic freedom in works like films or theatre art.

Last week, the court had dismissed a petition seeking a stay on the release of " Padmavati ", saying it was an issue squarely within the adjudication domain of the Central Board of Film Certification and the Film Certification Appellate Tribunal.

On Thursday, the bench said, "The courts should be extremely slow in passing any kind of restraint or order stopping a creative man from writing drama, a book, philosophy or projecting his thoughts in a film or theatre art." It disposed of the petition while clarifying that the trial court would decide the case on merit.

The film based on Kejriwal's life was objected to by Nachiketa Walhekar, who is facing trial for allegedly throwing ink at the AAP chief in 2013. His counsel said the film incorporated electronic media recording of the alleged incident to project Kejriwal as a victim, and hence violated his client's right to a fair trial.

He said filmmakers should either delete the TV footage from the film or put a bold disclaimer about the alleged offence being under the scrutiny of a court. The bench refused to heed these arguments and remained focused on its respect for the right to free speech and expression. 

Tagged: Supreme Court   Arvind Kejriwal   Artistic freedom   Central Board of Film Certification   Nachiketa Walhekar  
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