IN THE HIGH COURT OF JUIDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

PUBLIC INTEREST LITIGATION NO.

OF 2015

In the Matter of Exercise of Powers of the

Honourable Court Under Article 226 of
Constitution of India for taking suitable
Action for maintaining Public Dignity,
Order and Taking action against the Culprits
in accordance with law

1.

Dr. Sharmila W/o. Sandesh Ghuge

Aged about 42 years,
Occupation: Service,
R/o. B/102, Madhupuri Apts,
Gokhale Road, Dahanurkarwadi,
Kandivili (West), Mumbai- 400067
Email :[...]

PETITIONER:

.. //VERSUS//

1.

State of Maharashtra
through Chief Secretary,
Government of Maharashtra,
Mantralaya, Mumbai 400032
Email: [...]

2.

Commissioner of Police, Mumbai

Police Commissioner office,
D.N. Road,
Mumbai- 400001
Email: [...]

3.

Union of India
Through its Secretary

Ministry of Information and Broadcasting.

Shastri Bhawan, New Delhi 110001.
...RESPONDENTS

TO,
THE HONBLE CHIEF JUSTICE AND OTHER HONBLE
JUDGES OF THIS HONBLE COURT

THE HUMBLE PETITION OF THE PETITIONERS ABOVENAMED

MOST RESPECTFULLY SHEWETH :

1.

The petitioner holds a doctorate in law and works as a full time faculty in

Jitendra Chauhan College of Law, Ville Parle (West), Mumbai. She has also written
and published various research articles on socio-legal issues in National and International
Journals to create awareness in the society. The petitioner has presented several research
papers at National and International Conferences with special reference to awaken the
society about womens rights. Being a faculty of law, the Petitioner desires that law of
land which provides and guarantees rights and protection to women and has also defined
the limits of decency should be implemented and strictly followed in the true spirit and
not merely in letter.

2.

The petitioner is a public spirited person and a law abiding citizen of India. The

petitioner has filed various public interest litigations in the Supreme Court of India and
Bombay High Court. A recent PIL filed for challenging the Maharashtra Fire Prevention
and Life Safety Measures Act, 2006 is pending before the Honorable Bombay High
Court. The petitioner has deep roots in the society and has great attachment with the high
heritage and unique culture of the Nation, which is the reason why the petitioner is deeply
pained to witness the cause of the present petition which is against the jurisprudential
aspect of decency and morality imbibed in the law of the Nation.

3.

That, the petitioner being a responsible citizen is desirous of taking up the issues

involved in the present writ petition, with the authorities concerned. It is highly
significant to bring it to the notice of the Honorable Court the recent incident of a show
involving gross affront and disrespect to various individuals expressed in abusive and
filthy language which has most unpleasant consequences on the young generation.
Therefore, the petitioner decided to file the present petition.

4.

The petitioner is constrained to approach this Honourable Court in the larger

public interest, pointing out to this Honourable Court about the indecent and obscene
language used in the All India Bakchod, a roast show, commonly known as the AIB

Knockout show, which was held on 20th December 2014, by various film stars which not
only will adversely affect the young minds but will have unfathomable sweeping effect
on the social fabric of the nation. Needless to mention that the show filled with vulgarly
spiced and peppered jokes is spreading like a viral at an accelerating stride through the
medium of you tube video.

5.

That, the petitioner has filed the present petition in public interest and no personal

interest of the petitioners is involved in the subject matter of the present writ petition. The
petitioner is seeking indulgence of this Honble Court to pass and issue appropriate
directions in the larger public interest, so that the laws are adhered to protect the essence
of dignity of women, maintain decent behavior in the society and to assure that the
quintessence of democracy is not compromised in the name of comedy and
entertainment. It is respectfully submitted that respecting dignity of women is an essential
postulate of supreme law of the land. Moreover, India being the largest democracy of the
world it is not only important to monitor but deracinate any act or statement which is in
furtherance of lowering the dignity of women.

That, the petitioner had read in the newspaper about the AIB show which was

performed live on 20th December 2014 at NSCI Worli viewed by more than 4000 persons
as audience and the same has been uploaded on You Tube on 28th January 2015. AIB
Knockout's guests of honour were Bollywood Actors Mr. Arjun Kapoor and Mr. Ranveer
Singh. The "roastmaster" (or master of ceremonies) was Film Producer Mr. Karan Johar.
The roasters were All India Bakchod (Mr. Tanmay Bhat, Mr. Gursimran Khamba, Mr.
Mr. Rohan Joshi and Mr. Ashish Shakya), television host Mr. Raghu Ram, Film Critic
Mr. Rajeev Masand, (who himself is the former member of Censor Board) as well as
comedians Ms. Aditi Mittal and Mr. Abish Matthew were a part of the show. The AIB
Knockout show featured a galaxy of famous Bollywood stars who did not leave a single
sentence to be uttered without obscene and indecent words. The petitioner saw the panel
discussion on 1st February 2015 on the Channel India News which featured imminent
personalities from diverse sector to discuss the issue of the indecent jokes cracked and
obscene comments on women by the public icons of Bollywood and other persons
participating in the AIB show and the video uploaded on you tube. That, the petitioner
was shocked and surprised to note that the video of the show after been uploaded on you
tube has attracted more than 10 million viewers in just a span of three days and it has
escalated up to 10,76,197 on the third day. In fact the number of people watching this
video is amplifying every minute enabling the petitioner to mention the exact figure of
the same. Copy which is annexed herewith and marked as EXHIBIT - A

7.

That, upon coming to know about such a program from the Television Show by

name Kalank hosted by News India TV Channel on 1st February, 2015, the petitioner
being a law faculty discussed this issue in the classroom while discussing the
Constitutional Protection for Women on 2nd February 2015. For the surprise of the
petitioner almost all the students pursuing their three year LL.B. course had seen the
video and gave their opinions about the same. The petitioner after listening to the
students, out of anxiety and social concern personally saw the video, however could not
completely see till the end due to the licentious and offensive language used in each
statement of the performers of the show. It is most respectfully submitted that the
language used in the show is unbearable for any cultured and reputed person of civilized
background.

8.

It is pertinent to mention that, each sentence used throughout the show by the

Bollywood stars, Mr. Karan Johar, Mr. Ranveer Singh, Mr. Arjun Kapoor and the others
is extremely offensive not only to the dignity of women but also to the basic values
cherished in our country. All kinds of vulgar jokes including vile words, digs at Karan
Johars homosexual orientation, Ranveers promiscuity and Arjuns professional failings
were traded on the show. The audience has enjoyed the show with ostentatious
laughter without realizing the future effect of such shows on the youth and the nation.
The said content repeated several times in the show violates the provisions of Section 292
and 294 of the Indian Penal Code as well as various other provisions of law. Moreover,
the adverse comments past on various communities, such Christian religion and Sindhi
community categorically not only violates Section 295-A of the Indian Penal Code but
also deeply hurts the sentiments of Public at large. Similarly, the use of smutty and vulgar
gestures during the show and indecorous and undignified remarks on women with
reference to rape violates Section 23 of the Indecent Representation of Womens Act.

9.

It is most respectfully submitted that the whole conversation for a period of

almost three hours shall be bad taste to be reproduced before the Honorable court for the
very reason that the petitioner may fail to put forth such dirty words which are beyond
articulation and expression by any decent person. However, following are some of the
statements made in show:

"I am not saying that Ranveer Singh does Sh** films but truly, the last good thing he was
in, was Deepika Padukone."
"Ranveer spent 4 years in the industry. One of acting and three yrs of getting over
Anushka Sharma."
"Arjun has lost the kilos faster than Deepika lost her dating standards."
"In 2 States, Arjun plays a Punjabi guy who falls for a hot Sounth Indian. So basically he
played Boney Kapoor. "
"Parineeti Chopra is not here tonight as we told her she will get f***ed by 10 dudes in
front of 4000 thousand people. Karan Johar is here for the same reason."

"Deepika and Ranveer, what an awesome couple. Deepika is a state level Badminton
player. Ranveer is a national level sex offender. "
"Kuch Kuch Hota Hain is Ranveer's favorite. Even today he will reach out to a box of
tissues. Because he is the only guy who will j**k out to Farida Jalal."
"Arjun and Ranveer send out the message that if you work hard, then one day, you too
can S**k Adi Chopra's C*ck."
"No matter how remote, dangerous or smelly, if there is a hole, Ranveer Singh will enter
it. "
"We wanted Ranbir, but we only managed Ranveer..which is what Deepika did, so it
should be okay"
F***ing, Abuses by Mother name, Bhosdi Ke, Ch**t (Hindi Word for vagina), L**d
(Hindi Word for penis), Male & Woman Genitals, were used very often.

Petitioner submits there much of obscenity and vulgar language and expressions were
used in the said program that the petitioner is feeling ashamed of reproducing the same.
For the said reason, a Copy of said program as available on You Tube in form of CD, is
annexed herewith and marked as EXHIBIT - B.

10.

That, though the show was viewed by more than 4000 people as live performance

but the telecast of the show after being uploaded on you tube has multiplied the viewers
into millions within few hours. Needless to mention that the so called comedy stuffed
with inappropriate words outraging the modesty of women and insulting the dignity of
women has mushroomed like at an unbelievable speed through out the country. Allowing
such act on part Respondents tarnishes the right to dignity of women guaranteed as a
fundamental right under Article 21 of the Indian Constitution. Additionally it the
Fundamental duty of every citizen of Indian enumerated under article 51 A (e) of the
Indian Constitution to renounce practices derogatory to the dignity of women. Whereas,
the film stars have made a deliberate attempt to lower the dignity of women by showing
their insensitive attitude towards the most heinous crime of rape by passing several jokes
on rape and gang rape enjoying the flavor of humour for the most unfortunate act any
women can ever face in her life. Not only this, cracking jokes on gays, race, rape, ebola
and making homophobic jokes is an absolute insult to not only to women but all the
individuals. That such a rapid augmentation of audience to this video is unquestionably
aiming to adversely affect the youth of this nation. Particularly the sway and influence of
these Film stars is beyond imagination on the youth. These celebrities are youth icons and
the young generation blindly follows them which indeed is misleading and disgraceful for
the nation in such incidences.

11.

It is most humbly submitted that, it is highly significant to mention that the Indian

Constitution under Article 19(1) (a) which guarantees freedom of speech and expression
is subject to reasonable state restriction in the interest of decency or morality. Any

indecent remarks passed or words used to lower the dignity of women are obscene in law.
It should be noted that obscenity in India is defined as "offensive to modesty or decency;
lewd, filthy and repulsive." Needless to state that the test of obscenity is whether the
publication, telecast, read as a whole, has a tendency to deprave and corrupt those whose
minds are open to such immoral influences and therefore each work must be examined by
itself. The way to express something or to say something should be decent one. It should
not affect the morality of the society adversely.

12.

That, the petitioner has learnt that as a first reaction to the program, after the

public uproar, the Honourable Cultural Affairs Minister of Government of Maharashtra

Mr. Vinod Tawde, made a public statement that action will taken if obscenity / vulgarity
is found. However, from the subsequent statement from the DNA newspaper dated 2 nd
February 2015 it appears that he changed his stand to the effect that that on AIB Roast,
will only enquire if the AIB had taken appropriate certificate. No moral policing If they
allowed by law, I cant stop them. It is surprising to know that the Minister of Cultural
Affairs is supposed to be the sole guardian of decent behaviour in the State is unaware
whether the AIB show had opted the required permission or not and that he is of the
opinion that even if illegalities are performed, merely because permission was taken to
hold the program, nothing can be done. Petitioner respectfully submits if such a blankate
statement is accepted and acted upon, there will be nothing less that suicidal, in as much
as, upon getting permission to conduct such programs, people will perform all sort of
illegal acts to poison or corrupt the mind of public at large and more particularly youth of
the country. It is also surprising to note from the press reports that despite the fact that
complaints have been made to various police authorities in Mumbai on 2nd February
2015, it is learnt that the police authority is not taking any action and is making a show of
conducting enquiry about the show. This is despite the fact that the complaints lodged
discloses a cognizable nature of offences. Still no offences are yet registered against any
person in the present matter. Copies of the news reports about the complaints lodged in
the matter, are annexed herewith and collectively marked as EXHIBIT - C

13.

That, the video of the AIB show which has been uploaded on 28th January 2015

has not been verified by any of the authorities, whether the content of the video is
suitable to be thrown open to public at large. The said video has been uploaded by the
organizers of the AIB show as evident from the titles of the video. Neither the organizers
nor the respondents felt the need and importance of verifying the content before putting
the video on air, which needless to state has gone viral amongst people, more particularly
youths. It is pertinent to mention that, if it was a show of an ordinary person getting
permission for the same would have been a great hassle, however as it was by Bollywood
Big stars event the permission was granted even without verifying the nature and content
of the show. Though the show was hosted in the name of charity any prudent human
being will not be able to establish a connection or any rational nexus between obscene

gestures using offensive language and charity. Needless to mention that the AIB show
has crossed all known cannons of decent behavior and civilized freedom of speech and
expression expected in the society by the reputed and known personalities of Bollywood
who are looked upon as idols by millions of their fans.

14.

It is most respectfully submitted that, the Act of the AIB Team of uploading the

video on you tube and making it available for the whole world without following the
legal provisions and norms itself is a gross failure and miscarriage of justice. It is
categorically mentioned under Section 66A of the Information Technology Act, 2000 that
the content to be communicated should not be insulting for any person. It is also pertinent
to note that for the purpose of this section, terms electronic mail and electronic mail
message means a message or information created or transmitted or received on a
computer, computer system, computer resource or communication device including
attachments in text, images, audio, video and any other electronic record, which may be
transmitted with the message. Therefore it was the responsibility and duty of YOUTUBE
to follow the procedure and verify the content of the video uploaded which is a
storehouse of insults to numerous individuals under the blanket of comedy and
entertainment.

15.

It also important to bring it to the kind notice of the Honorable Court that Section

79 of the amended Information Technology Act, 2000 provides the broad principle that
intermediaries like Government departments providing social media facilities are
generally not liable for third party data information or communication link made
available by them. However, this exemption from liability can only be applicable if the
said Government department complies with various conditions of law as prescribed.

16.

It is imperative to mention that, whether the required censor certificate and

requisite permissions were obtained by the AIB Team before uploading the video. It is
most respectfully submitted to the Honorable Court that, the aforesaid is the current legal
position in India which impacts Government departments providing social media
facilities on their network. In the light of the stringent provisions of the law and the
subsequent legal consequences for non-compliance of the law, it is therefore absolutely
essential that the relevant Government department providing social media facilities such
as the you tube must completely comply with all the above mentioned legal parameters as
mandatorily stipulated by the Information Technology Act, 2000 as amended by the
Information Technology (Amendment) Act, 2008 and various rules, regulations and
notifications issued there under.

17.

It is worthwhile to bring it to the kind notice of the Honourable Court that the

show did not even spare the respected Prime Minister, Mr. Narendra Modi from the dirty
jokes. Several stalwart politicians including the former Prime Minister of India, Mr
Manmohan singh, Mr. Rahul Gandhi, Ms. Smriti Irani, etc., have been insulted by the

various comments passed by the performers of the AIB show. This act showing
disrespect to the Prime Minister of the nation under the banner of comedy should not be
tolerated and accepted as humour. Each individual who is looked upon as a role model
must set forth benchmarks before the young generation and not such disgraceful
statements made for worthy personalities of national stature.

18.

It is significant to mention that, since the AIB show has featured such indecent

words, the matter has been taken up by a news channel, namely INDIA NEWS. A written
complaint has been filed on 2nd February 2015 by Mr. Akhilesh Tiwari, President of
Bhrahim Ekta Seva Santha, Mumbai. The said complaint is filed on grounds of use of
extremely vulgar, abusive language which is step towards ruining the clean image of
Indian culture and dignity of women misleading todays youth. Copy which alongwith
the subsequent statement made by the said person to the press that the program was
nothing less that a porn film, are annexed herewith and collectively marked as EXHIBIT
- D.

19.

The Petitioner respectfully submits that granting permission to host such shows

and the telecast of such shows on the social media via you tube is tarnishing the image of
our society and thus disrupting the social fabric which is interwoven with golden threads
of decency, morality and values, is thus violative of rights of citizens. It is respectfully
submitted that this Honorable Court has been assigned the active role of protecting rights
of citizens and has vast powers which needs to be exercised to evolve its jurisdiction with
creativity, vision, vigilance and pragmatic wisdom, in the larger interest of the society, in
as much as, if the Honorable Court fails to uphold the spirit of social engineering based
on the strong fundamental of a civilized society at the required time it will lead the
democracy to cripple with directionless citizens.

It is needless to state here that, in

cluster of judgments the judiciary has substantiated its competence and potential to
protect rights of individuals and deracinate such wrong acts from the society. The
proactive role of judiciary for welfare of citizens and as the guardian of the social values
covers wide amplitude. It is further submitted that from the aforesaid facts and
circumstances it is clear that in respect of the subject matter of the present petition the
respondents have apathetically failed to take appropriate steps and issuing necessary
directions to control the said show and the telecast of the video on the you tube, which
establishes the indifference and insensitivity of the respondents to its mandatory duties
towards the society and public at large. The petitioner respectfully submits that therefore
it is the need of hour that the Honourable Court should direct the respondents to
effectively control the permissions for such programs and implement the provisions
required for uploading videos on you tube at the earliest.

20.

It is most humbly submitted that respecting the dignity of individuals in the

society is an essential postulate of human civilization and hence it is indispensable to

restrict the telecast of such shows on you tube in order to guide, strengthen and improve
the future generation of our nation. Today if such type of shows and unrestricted telecast
of videos is not curtailed than it will percolate soon and be a part of the culture all over
the country, leaving behind the cherished values and norms of decency followed for since
ages in India.

21.

That, the petitioner herein has no personal gain, private motive or oblique reason

in filing the present public interest litigation. The petitioner herein undertakes to pay cost
as ordered by the court, if it is ultimately held that the petition is frivolous or has been
filed for extraneous consideration or that it lacks bonafides. The petitioner undertakes
that she will disclose the source of information leading to the filing of the public interest
litigation as and when called upon by the Court to do so.

22.

That, the petitioners have approached this Honourable Court invoking the

extraordinary, writ jurisdiction under Article 226 of the Constitution of India, for the
petitioners are left with no other alternate or equally efficacious remedy under law,
especially in the present scenario that written complaints have been registered to make
out a cognizable offence against the respondents, yet no action has been taken against the
respondents. Hence the petitioner is forced to knock the doors of the judiciary.

23.

That, the petitioners have not filed any other proceeding nor her has approached

any other court including the Honourable Apex Court in relation to the subject matter of
the present writ petition.

Hence this petition.

PRAYER:

It is therefore prayed that by appropriate

writ, order or direction this Honourable Court may kindly

be pleased to:

(a)

Exercise its Extra Ordinary Jurisdiction under

Article 226 of Constitution of India, in the peculiar facts

and circumstances of the present case;

(b)

Direct the Respondent No. 1 to verify the contents

and purpose of the program, which involves larger public

interest and to take appropriate action in respect thereof and

also to frame appropriate guidelines so as to ensure
controlling and regulating holding of such programs on the
basis of permission to be granted by the authorities for
such shows, in future, in the peculiar facts and
circumstances of the case;

(c)

Issue appropriate writ, order or direction, exercising

the powers of Honourable Court under Article 226 of the

Constitution of India, thereby directing Respondents to take
appropriate steps, such as deputing some officials to check
the details of such public shows etc., while the program is
in action in order to monitor and regulate the program and
to ensure that such incidences are not repeated in future;

(d)

Direct the Respondent no. 2 to take appropriate and

immediate action against the person directly or indirectly

involved in holding the said show, using obscene, vulgar
and indecent language in public and also uploading the
video of the same for making it available to the public at
large, in as much as in respect of these acts, cognizable
offences are made out;

(e)

Order Respondent no. 3 to monitor the videos

uploaded on the YouTube and restrict uploading such

videos in future, which adversely affects the Public at large.

(f)

And be further pleased to pass any such other

order/s and grant such other reliefs as may be deemed fit

and proper by this Honble Court in the facts and
circumstances of the instant case as well as in the interest
of justice.

AND

FOR

WHICH

ACT

OF

KINDNESS

THE

PETITIONERS SHALL REMAIN DUTY BOUND AND

EVER PRAY.

MUMBAI
DATED :

PETITIONER

COUNSEL FOR PETITIONER

SOLEMN AFFIRMATION

I, Dr. Sharmila W/o. Sandesh Ghuge, Aged about 42 years, Occupation: Service,
R/o. B/102, Madhupuri Apts, Gokhale Road, Dahanurkarwadi,

Kandivili

(West),

Mumbai- 400067, the petitioner No. 1 herein, do hereby take oath and state on solemn
affirmation as under :

1.

That, I am the Petitioner No. 1 herein. I am aware of all the facts involved in the

present matter.

2.

That, the instant Petition is drafted by our counsel, as per our instructions and the

same has been read over and explained to me and has been understood by me.

3.

That, the contents of paras 1 to

above are true and correct to my personal

knowledge and belief, as far as based on facts and the contents based on law, are as
advised to us by our lawyer, which I believe to be correct.
Hence, verified and signed at Mumbai on this 4th day of February 2015

Deponent
I know and identify the Deponent

Before Me
Advocate