CONTENT

SR. NO. Particulars Page No.

1. Introduction to The Case 3

2. Facts of The Case 3

3. Legal Provisions 4

4. Judicial History 4

5. Legal Issue 5

6. Analysis: Arguments 5

7. Counter Arguments 6

8. Conclusion & Prayer 8

9. Bibliography 9

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Introduction to the Case:
The movie ‘Deshdhrohi’ is a Indian Hindi-language action thriller film, which was
released on 14 November 2008 directed by Jagdish A. Sharma . Kamal R Khan is the
producer as well as plays the lead role along with Manoj Tiwari, Hrishitaa Bhatt, Gracy
Singh and Zulfi Syed in the film. The protagonist of the story has been portrayed by
Kamal R Khan. Khan plays a man who has come to Mumbai from Uttar Pradesh in
search of a job. This movie was banned in Maharashtra for two months because the
Mumbai police had suggested that the Maharashtra government impose a ban on the
film fearing it may affect law and order in the state. The movie received negative
reviews from critics and audience, with criticism aimed at the performances. It is often
considered one of the worst Bollywood films of all time.

Facts of the Case:

The movie Deshdrohi was banned in Maharashtra by the state government on the given
suggestion by the Mumbai police that this film might affect the law and order of the
state.
There were accusations that the movie was cashing in on the 2008 attacks on north
Indians in Maharashtra. The 2008 attacks on Uttar Pradeshi and Bihari migrants in
Maharashtra began on 3 February 2008 after violent clashes between workers of two
political parties—Maharashtra Navnirman Sena (MNS) and Samajwadi Party (SP) in
Mumbai capital of the Indian state of Maharashtra.
The clashes took place when workers of MNS, a splinter faction formed out of the Shiv
Sena (a major political party of Maharashtra), tried to attack workers of SP, the regional
party based in Uttar Pradesh, who were proceeding to attend a rally organised by the
United National Progressive Alliance (UNPA).
The Promos of the film airing on several TV channels had given police a taste of things
to come as several dialogues were construed as being provocative. Maharashtra Police
submitted a report to the government after watching the film and recommended a ban
on it, apprehending law and order problems.

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 Legal Provisions:

1. Section 6 in The Maharashtra Cinemas (Regulation) Act, 1953

Power of State Government or licensing authority to suspend exhibition of films—

The State Government in respect of the whole of the State of Maharashtra or any part
thereof or the licensing authority in respect of the area within its jurisdiction, may, if it
is of opinion that any film which is being publicly exhibited is likely to cause a breach
of public order, by order, suspend the exhibition of the film and during such suspension
such film shall be deemed to be an uncertified film [in the area specified in the order].

2. Section 499 in The Indian Penal Code

Defamation.—
Whoever, by words either spoken or intended to be read, or by signs or by visible
representations, makes or publishes any imputation concerning any person intending to
harm, or knowing or having reason to believe that such imputation will harm, the
reputation of such person, is said, except in the cases hereinafter expected, to defame that
person.

Judicial History

Many movies were banned because they were based on issues which could stir up communal
enmity like Garam Hawa, Black Friday etc. People who oppose such bans argue that with the
movies should not be banned and people should be given the freedom to form their opinions after
watching the movies. This is primarily because the grounds mentioned in Section 5 of
Cinematography Act, 1952 are very subjective and broad.

1. Black Friday
The plot of the movie is based on 1993 serial bombings in Mumbai. The movie was supposed
to be released on 27th Nov, 2007 but due to the ban on the movie, it was released exactly after
20 months. The film caused considerable controversy upon release in India and abroad for its
depiction of inter-religious relations between a Muslim woman and a Hindu man. The movie
will undoubtedly influence the viewers and indeed that was the purpose of the movie.

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 2. Firaaq
The film was banned in Gujarat owing to the communally sensitive subject of the film
and may disturb the peace. Firaaq was reportedly based on true incidents which
happened in the riot-torn Gujarat. Nandita Das, the director and writer of the movie was
widely criticised for hurting the sentiments of Hindus and Muslims and ultimately the
movie got banned.

Legal Issue:
Deshdrohi Movie, directed by KRK, the movie portrayed a north Indian living in
Mumbai and searching for a job. In the movie there are lot of objectionable scenes
which are provocative and would lead to tension in the society. There is a scene where,
a bus conductor is shown fighting with the protagonist and throws him out of a running
bus. This is not right and Maharashtrians never behave in such a manner. So, Does this
movie violate Section 499 of the Indian Penal Code i.e., Defamation?

Argument Analysis:
In the movie there are many lots of objectionable scenes which are provocative and
would lead to tension in the society. There is a scene where, a bus conductor is shown
fighting with the protagonist and throws him out of a running bus. This is not right and
Maharashtrians never behave in such a manner The movie defames the Marathi
community and also shows untruth regarding how Maharashtrian treats the Uttar
Bhartiyas.

Kamal R Khan the protagonist and also the Producer of the film, has several cases in
his name for making derogatory caste-based remarks and defamatory statements against
big shots in Bollywood. He doesn’t have a good reputation in the film industry and his
one and only film which was a major flop wanted to create a havoc between Marathi’s
and Uttar Bhartiyas.

The Promos of the film airing on several TV channels had given police a taste of things
to come as several dialogues were construed as being provocative. Maharashtra Police
submitted a report to the government after watching the film and recommended a ban
on it, apprehending law and order problems. The Mumbai police said that there could
be a backlash from Raj Thackeray MNS workers who are up against the North Indians.

There are strong reasons to believe that if exhibited this film, it will in all likelihood
inflame passions and incite the people to violence leading to disturbance of public
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order. There were accusations that the movie was cashing in on the 2008 attacks on
north Indians in Maharashtra. The 2008 attacks on Uttar Pradeshi and Bihari migrants
in Maharashtra began on 3 February 2008 after violent clashes between workers of two
political parties—Maharashtra Navnirman Sena (MNS) and Samajwadi Party (SP) in
Mumbai capital of the Indian state of Maharashtra.

Counter Arguments:

1. It is argued that there are no valid grounds under which the film Deshdhrohi
should be banned. Every filmmaker has some kind of literary and artistic freedom
that they can use as they are the creators and entertainers and for the sole purpose
of entertainment. Article 19 of the constitution of India guarantees everyone the
freedom of speech and expression and that is applicable to the filmmakers as well.
There is nothing in the film that may come under the reasonable exceptions to the
Article 19.

Reply- In India, Article 19 of the Constitution of India provides for the freedom of speech and
expression. The constitution is silent as to the medium of communication of ideas.
Nonetheless, this freedom includes the freedom to exhibit motion films. However, this
right is not an absolute one. The state can impose the restrictions on the content if it is
against the interests of public policy, foreign relations, sovereignty and integrity of the
state, public order, decency and morality, or in relation to contempt of court, defamation
or incitement of an offense provided that such restriction is reasonable
It was banned under Section 6 of the Bombay Cinema Regulation Act, 1953, which
empowers the state or police to suspend screening - even if the film is cleared by the
censor board - if they think it can create a law-and-order problem. The then, Mumbai
police commissioner Hasan Gafoor said, "We had found certain scenes in `Deshdrohi'
objectionable and had informed the government about it.''
In the Argument, it has mentioned that Creators and entertainers are for the sole purpose
of entertainment. The filmmaker as well as the actor, KRK, the nonsensical tweets
including some for the celebrities, are really creepy and shows hatred and stupidity that
he possesses. Even Salman Khan has filed a case of defamation against KRK. It was
during Salman Khan starrer Radhe when KRK released an ill review against the
superstar. There were several inappropriate remarks made. It has happened many times
that, KRK made headlines with his controversial tweets.

2. The Maharashtra government had unconstitutionally banned this film just

because it portrayed the Mumbai city and the state government. It is not a valid

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 reason to ban a film. It was a policy and the ideology of the Shiv Sena led state
government of Maharashtra that the north Indians should go away as they have
snatched the jobs of the marathis living in Mumbai. The film showed exactly the
same thing which was not liked by the state government and thus it banned the
film. This can be categorised an unconstitutional ban.
Reply- The movie was released in the year 2008, there were accusations that the movie was
cashing with the 2008 attacks on north Indians in Maharashtra. The 2008 attacks
on Uttar Pradeshi and Bihari migrants in Maharashtra began on 3 February 2008
after violent clashes between workers of two political parties. If the same movie
was released in Maharashtra after the attacks on the North Indians for unnecessary show
of strength, there would be disturbance of public order. So, due to the protests and
problems with exhibitors, the release date of the movie was also postponed by a week
from the original date of 7 November. The movie was released on 14 November, except
in Maharashtra, where it was banned. There are strong reasons to believe that if
exhibited the film will in all likelihood inflame passions and incite the people to
violence leading to disturbance of public order. Therefore, The Maharashtra
Government hereby order that the film ' Deshdrohi' which is slated for release on
the 14th November, 2008 should be suspended from exhibition under Section 6(1) of
the Bombay Cinemas (Regulation) Act, 1953 for a period of 60 days in the State of
Maharashtra.
3. The Article 19 of the constitution also guarantees the freedom to carry any
profession. A lot of capital and resources were invested in making this film and
this provided a livelihood to hundreds of people. The Maharashtra government
also infringed this right when they banned the film.

Reply- The movie was just banned in the state of Maharashtra but was released in all the other
parts of India. In the Argument, it is mentioned that a lot of capital and resources were
invested and it was a livelihood to hundreds of people. The movie was released on 14
November, except in Maharashtra, where it was banned by the state government for 60
days under the Bombay Cinema Regulation Act. There are strong reasons to believe
that if exhibited the film will in all likelihood inflame passions and incite the people to
violence leading to disturbance of public order. Due to this whole controversy, the
movie gained quite attention. But there was a reason behind Maharashtra banning the
movie. And people reviewed this movie as the worst movie they have ever watched.
The ratings that people gave for the same is 0.5- 1star out of 5.

4. Section 153 and 153 (a) states that “ Whoever, by words, either spoken or written,
or by signs, or by visible representations, or otherwise, promotes or attempts to
promote, on the grounds of religion, race, place of birth, residence, language, caste
or community or any other ground whatsoever, disharmony or feelings of enmity,
hatred or ill-will between different religious, racial, language or regional groups
or castes or communities, or commits any act which is prejudicial to the
maintenance of harmony between different religions, racial, language or regional
groups shall be imprisoned which may extend to three years or fine or both. This
film, under no circumstances depicted a scene which was sensitive in nature and

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 in any case could have led riots or disharmony among different groups living in
Bombay. This was just an excuse to ban this film and prevent the public to
experience the story of the film that showed a negative portrayal of Mumbai and
the government.
Reply- In this movie, there are many scenes that highlight, that the Maharashtra Government
treats the North Indian wrong and have been partial towards them. They have defamed
the Maharashtra Government by showing the things that are not true. According to
Article 499 of IPC, any person who makes or publishes any false imputation or
allegation relating to any person, by words either spoken or written or by signs or visible
representations, is said to defame that person.

Conclusion:
The movie ‘Deshdhrohi’ was released on 14 November 2008 with Kamal R Khan as
the producer and the lead role in the film. Khan plays a man who has come to Mumbai
from Uttar Pradesh in search of a job. This movie was banned in Maharashtra for two
months because the Mumbai office of the National Board of Film Certification opined
that the movie has some scenes that were derogatory to a particular community.
Joint Commissioner of Police (Law & Order) and among the top police officers who
watched the film on November 8. They had asked the film's writer, producer and actor
Kamal Khan for a separate screening before its release. That’s when they submitted to
ban the movie. The government said that it has banned the film citing a bear of
breakdown of law and order. Mumbai police said that the film should not be screened
in Maharashtra as it could promote enmity and vitiate the already volatile atmosphere.
There were accusations that the movie was cashing in on the 2008 attacks on north
Indians in Maharashtra. There are many scenes in the movie, which defames the
Maharashtra Government. It violates section 499 of Indian Penal Code. Maharashtra
Government did the right thing to ban the movie to maintain the peace and harmony in
the state.
Prayer
Therefore, it is prayed, in the light of issues raised, arguments advanced and authorities
cited, that this Hon’ble Court may be pleased to:
The ban on movie Deshdhrohi (2008) by Kamal R Khan is lawful under Section 6(1) of
the Bombay Cinemas (Regulation) Act, 1953.

And pass any order that this Hon’ble court may deem fit in the interest of equity, justice
and good conscience

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Bibliography:
1. Economic Times; By Yogesh Naik & Bharati Dubey; 13th Nov,2008; 12 am;
Maharashtra bans film on north Indian's life in Mumbai
https://economictimes.indiatimes.com/news/politics-and-nation/maharashtra-bans-
film-on-north-indians-life-in-mumbai/articleshow/3708004.cms

2. https://en.wikipedia.org/wiki/Deshdrohi

3. DNA, Controversial film Deshdorhi banned in Maharashtra

https://www.dnaindia.com/mumbai/report-controversial-film-deshdrohi-banned-in-
maharashtra-1206129

4. https://en.wikipedia.org/wiki/2008_attacks_on_Uttar_Pradeshi_and_Bihari_migrants_
in_Maharashtra

5. Times of India; Jan 22, 2009, 21:11, Controversial Movie Deshdorhi Screened
https://timesofindia.indiatimes.com/city/mumbai/controversial-movie-deshdrohi-
screened/articleshow/4018223.cms

6. https://indiankanoon.org/doc/1453849/#:~:text=(1)%20The%20Lieutenant%2DGover
nor,likely%20to%20cause%20a%20breach

7. DNA, Fears of fresh MNS backlash prompted 'Deshdrohi' ban

https://www.dnaindia.com/mumbai/report-fears-of-fresh-mns-backlash-prompted-
deshdrohi-ban-1206172

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