Recent Development

SC refuses to grant interim protection to makers of Tandav against taking cognisance of any complaint or initiation of any criminal proceedings 

The Supreme Court has issued notice returnable within four weeks to transfer and clubbing the FIRs with the first FIR No. 31/2021 filed in PS Hazratganj on a criminal writ petition Himanshu Kishan Mehra & Ors. V. The State of Uttar Pradesh & Ors. 

A bench comprising Justice Ashok Bhushan, Justice R. Subhash Reddy, and Justice M.R Shah was hearing a criminal writ petition filed by Director Ali Abbas Zafar, Producer Himanshu Mehra, Writer Gaurav Solanki, Actor Mohammed Zeeshan Ayyub, and Amazon India Originals Head Aparna Purohit. 

“We also need protection. Six different state policies will arrest us,” Rohtagi submitted. Mr Rohatagi further referred to Arnab Goswami’s case where a Division Bench of Hon’ble Supreme Court of India granted interim protection while hearing the matter. 

Senior Advocate Sidharth Luthra appearing for the petitioners relying on the Amish Devgan case, submitted that though FIRs were refused to be quashed, the Court allowed interim protection while hearing the matter. It also permitted the clubbing of FIRs and thereby transferred the case to Ajmer. 

The petitioners, in their petition, prayed to quash the complaints and FIR’s filed against the petitioners being FIR No.31/2021, PS Hazratganj, FIR No.14/2021, PS Rabupura, Greater Noida, FIR No.34/2021, PS Katra, District Shahjahanpur, FIR No.45/2021, PS Omti, Jabalpur, FIR No.34/2021, PS Ghatkopar, Mumbai, complaint dated 20.01.2021 filed in Indore, Madhya Pradesh, complaint titled “Vishnu Gupta v. Ali Abbas Zafar & Ors.” dated 18.01.2021 filed at Patiala House Court, New Delhi. Under all the FIRs, the petitioners have been booked under sections 153-A, 295, 505(1)(b), 505(2) and 469 of Indian Penal Code, 1860 and under Sections 66, 66F, and 67 of Information Technology Act, 2000 for allegedly portraying Hindu gods in a bad light in the web series Tandav that was released on OTT platform Amazon. 

They further prayed the Top Court to issue a writ of mandamus to the effect that no cognizance of any complaint would be taken by any court or any forum nor any FIR be registered by the police or any criminal proceeding be initiated. 

In this context, Senior Advocates Fali Nariman and Mukul Rohatgi also submitted that the objectionable parts of the series that hurt the “so-called religious sentiments” of people had been removed. 

While dismissing the writ petition to the extent, it deals with quashing the FIRs, the Bench observed that “We cannot use the power under Section 482 CrPC. We are not inclined to grant interim protection“. Further, the Court has made it clear that notice would not preclude the petitioners from approaching the concerned Courts for anticipatory bail/bail as per law.

AUTHOR
SHRUTI KAKKAR
Senior Intern, Indian Law Watch
Shruti is BA LL.B from Guru Gobind Singh University pass out. She has been in top three winner positions in several reputed competitions of law.She is presently pursuing the Higher studies.

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Associate at Arbitration Practice – Accreditation Course – 6th March 2021 

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