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Pooja Mahajan first approached the high court, requesting suspension of the trailer of the movie. Justice Vibhu Bakhru disposed of this plea, asking the petitioner to file it as public interest litigation (PIL) instead. Pooja filed a PIL, challenging the certificate permitted by the Central Board of Film Certification (CBFC) to the movie. Therefore, the petition was dismissed afterwards, by two judge’s bench comprising Chief Justice Rajendra Menon and Justice V. Kameswar Rao.
After the two failed attempts by the Central Board of Film Certification (CBFC) to the movie, the HC challenged the certificate which was granted. Pooja Mahajan the Delhi based designer shifted to the Supreme Court.
Special Leave Petition of Pooja Mahajan now essentially restate the contentions raised by her before the Delhi High Court, therefore declares that the Division Bench of the High Court should have taken her petition on merits, especially after she was solicit by the single judge to file a PIL. She also impugned that the certificate awarded to the film under Section 5A of the Cinematograph Act should be repealed in light of Section 5-E read with Section 13 of the Act.
Further, the petition contends that even though the movie claims to be based on the same-titled book authorized by Sanjaya Baru. The claim issued on the use of words such as "the elections season", "nuclear deal", "Kashmir issue", etc. in the trailer. The trailer is not in fact based on the book and hence shows that the trailer is "motivated".
The trailer defames the former Prime Minister Manmohan Singh, who enjoys national and international repute and is initiating "unaccountable damage" to the name and fame of the office of the PM of India.
Under Section 416 of the Indian Penal Code, impugns that the actors in the movie commenced the offence of cheating by impersonation.
The CBFC submits that it could not grant a certificate for screening and exhibition of the movie. “Besides that, the film producers had no authority to infringe the mandate of Constitution of India.
Further stated that filmmakers, producers have made an attempt to make commercial gains and the act of "impersonation" have been committed deliberately to defame the office of Prime Minister. The film made is just to hype the excitement amongst the prospective viewers. Besides, it states that the trailer of the movie is spoiling India's relations with foreign states.
Additionally, the trailer contravenes YouTube’s policy and submits that the movie makers should've taken a No Objection Certificate (NOC) from Dr. Manmohan Singh and Ms. Sonia Gandhi before showcasing it.
Furthermore, the petition contends that the showcase of this film will be "a disrespect to the Constitution and Constitutional Institution and will be in disobey of Article 51-A of the Constitution of India".Tagged: Accidental Prime Minister Supreme Court High Court Special Leave Petition Central Board of Film Certification Justice Vibhu Bakhru Indian Penal Code Constitution Of India Prime Minister Dr. Manmohan Singh Sonia Gandhi