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SC Stays Release Of ‘Hamare Baarah’ Till HC Decides If It’s ‘Derogatory Towards Muslim Women’

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The Supreme Court on Thursday stayed the screening of the film “Hamare Baarah,” and said that they found the teaser of the movie very offensive. The release of the film scheduled on June 14, has now been suspended by the top court until the Bombay High Court decides the pending case on merits. The Central Board of Film Certification (CBFC) granted to this movie was challenged for being derogatory towards the Islamic faith and married Muslim women in India.

A petition was filed in the Bombay High Court seeking the revocation of the certificate and injunction on release of the film “Hamare Baarah.”

The top court today suspended the release of the film till the time Bombay High Court decides on the petition.

A vacation bench of Justices Vikram Nath and Sandeep Mehta said that they watched the teaser of the movie in the morning before presiding over the case and found it to be “so offensive!”

“The teaser is so offensive that the High Court granted an interim order,” Justice Nath said.

One Azhar Basha Tamboli, filed a petition in the high court against the CBFC certification granted to the film “Hamare Baarah.” The high court had earlier stayed the release scheduled for June 7.

Tamboli contended that the film violated rules and guidelines under the Cinematograph Act, 1952. The petitioner alleged that the trailer was derogatory to the Islamic faith and married Muslim women in India. And its release would violate Fundamental Rights guaranteed under Articles 19(2) and Article 25 of the Constitution.

He further pointed out that the trailer portrayed married Muslim women as having no independent rights as individuals in society which was based on a misreading of a verse in Quran.

The CBFC however claimed that the certification for the film was granted after following all rules and the objectionable scenes and dialogues were deleted. It further said that the YouTube and BookMyShow trailers were not certified trailers.

The Bombay High Court had restrained the release till June 14 and directed the constitution of a 3-member review committee to watch the film and give feedback.

However, after the committee did not provide feedback and sought more time to file a detailed response, the high court permitted release of the film, after the filmmaker assured that contentious dialogues will be deleted. Following which the petitioner moved the Supreme Court seeking a stay on release.

 

 



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