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CIVIL SUIT AGAINST PADMAVATI

Defence argues against claim that film defames

In a civil suit being heard at the Pune sessions court against the controversial film Padmavati, the defence on Friday submitted that the movie has not yet been approved by the national Censor Board as required under the Cinematograph Act of 1952, hence rendering the suit premature and unable to disclose any cause for action.

A group of three lawyers had on November 17 filed a civil suit against film director Sanjay Leela Bhansali and the lead actors of the movie, saying the oeuvre defames historical characters like Raja Rawal Ratan Singh, the king of Mewar, and his queen Rani Padmini, as portrayed by Shahid Kapoor and Deepika Padukone, respectively. While claiming that the movie is defamatory, the trio also said that its release could hurt public sentiment and cause a major law and order situation.

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On Friday, senior lawyer P Narayan appearing on behalf of Bhansali and the actors objected to the suit and its maintainability, filing an application under Order 7, Rule 11 of the Civil Procedure Code. He further filed an application to recall an order passed by the court earlier on the same day, issuing summons, submitting that even the Supreme Court has observed that when a matter is pending for the grant of certification, it is a violation of the rule of law if responsible people in power or public offices comment on the issue of certification, pending consideration before the statutory authority.

Narayan also submitted an SC judgment (Nachiketa Walhekar v/s the Central Board of Film Certification), along with another judgment in which the apex court held that "a film/ drama/ novel/ book is a creation of art, and the artist has his freedom to express him or herself in a manner not prohibited in law if such prohibitions are not read by the implication to crucify the rights of an expressive mind"; the lawyer further prayed that the plaintiffs be rejected with a heavy cost.

Meanwhile, advocates Sudip Kenjalkar and Smita Padole argued on behalf of the trio that a detailed order has been passed by the court already, nullifying the grounds mentioned by the defendants through their latest application. Kenjalkar also moved that Narayan's application be disposed of.

The next hearing in this case will be held on January 15.

Everyone has a right to protest but violence is not the way, says Bollywood star Aamir Khan, terming the threats to Deepika Padukone and Sanjay Leela Bhansali over their film "Padmavati" as "most unfortunate".