Delhi HC rejects plea seeking ban on movie “October 31st”
 Source : News Bharati English  Date : 05-Oct-2016

New Delhi, Oct 5: The Delhi High Court Wednesday refused to entertain a petition against the release of a movie based on the aftermath of the assassination of former Prime Minister Indira Gandhi and subsequent 1984 anti-Sikh riots, saying the plea was “badly drafted” and the CBFC was not approached.

A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal told the lawyer appearing for the petitioner that they should have approached the Central Board of Film Certification (CBFC) first on the issue.

“This is a very badly drafted writ petition. This cannot be public interest litigation. CBFC has not been made a party in this. There are no proper pleadings and necessary parties have not been made respondents,” the bench said.

“You should have approached the CBFC first. There should have been some diligent efforts. You can file a better writ petition. We cannot hear this writ petition,” the bench said.

The counsel appearing for the petitioner initially told the bench that the matter should be heard as the movie ’31st October’ is scheduled to hit the theatres on October 7, but later withdrew the plea.

The petition said that the movie "31st October", starring Soha Ali Khan and Vir Das, is an attack on the secular fabric of India and is contrary to the ideology of the country’s oldest political party.

“From whatever little is shown on trailers, it is clear that action and words used by the characters are of offending nature, they have all ingredients to tarnish the reputation of such persons. Apart from the fact that same can’t stand the test of fair comment or that of social interest, they appear to be provocative,” said the petitioner.

The plea filed by Ajay Katara also sought direction to delete some offensive scenes before the release, saying there were various scenes in the movie which are aimed and targeted against a political figure of the country.

The petitioner has however not named any leader in the petition.

The movie’s producer Magical Dreams Production Pvt. Ltd. has used a look-alike of the unnamed political figure that has been painted in a bad light, the plea said. It added that movie has transgressed the right of expression, in as much as a particular person has been targeted so as to invite contempt and hatred against him.