B.A. LL.B. (Hons.

)
Second semester- 2020

LEGAL ENGLISH

Research Project on the movie

Deshdrohi

By:
SHRUTI SETHIA

To:
School of law, Narsee Monjee Institute of
Management Studies, Mumbai
Indore campus
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 Table of Contents

1. Introduction……………………………………….3
2. Facts of the Case…………………………………..4
3. Relevant Statutory Provisions…………………….5
4. Judicial History…………………………………...8
5. Legal issues involved………………......................9
6. Argumrnts …………………………......................9
7. Counter arguments…………………....................11
8. Conclusion………………………………………12

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INTRODUCTION
Deshdrohi is the film of 2008. It is an action thriller film directd by Jagdish A.Sharma in hindi
language. It was written and produced by kamal rashid khan who also appeared with manoj
tiwari,harish itaa bhatt,gracy singh,Zulfi syed on the lead role . The theme of the film is about
politics, prostitution, pimp business, and corruption.
As the film has been accused of showing a replica of the 2008 attacks on the northern Indians
in Maharashtra state. The central board of film certification said that there are some scenes in
the film that are negative with respect to a specific community.
Maharashtra Navnirman Sena voiced its protests against the film. For a special screening the
Mumbai police served a notice to find any objectionable content that could trigger unrest.
The protest and the problems with the actions of the exhibitors, resulted the delay in the release
of the movie and the postponed movie released on 14th November i.e. after 1 week of the
original release except in Maharashtra, as it was banned by the state Government for 2 months
under certain provisions under Bombay Cinema Regulation Act. Kamal R. Khan, the producer
of the film petitioned the High Court to lift ban over the movie. As after a period of 2 months
it got released on 23rd of January 2009 in the state of Maharashtra.1
My opposition representative ABHISHEK NEMA is representing the following case in against
the ban.

1
https://www.law.du.edu/documents/sports-and-entertainment-law-journal/issues/07/right.pdf

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FACTS OF THE FILM
The theme of the film "Deshdrohi" consists of politics, prostitution, pimp business, and
corruption. At the start of the film, a man named Raja Yadav (KRK) arrives in Mumbai from
Uttar Pradesh searching for a watchman's job, after leaving his father and neighbour, Neha,
both behind in his village in Uttar Pradesh.2

In Mumbai Raja meets Shekhar, a gangster, who works as a watchman and a pimp, and Sonia,
who works for Baba Kadam, a drug dealer. At one point Raja helps Sonia escape from an attack
by a group working for another drug dealer called Rajan Nayak, the enemy of Baba Kadam.
The two eventually fall in love.

After realizing that living in Mumbai is particularly difficult for North Indians, Raja petitions
Shrivastav, a North Indian politician who exploits common people for his political career, for
help. The drug mafia of Mumbai city is assisted by politicians and the media want to reveal the
corruption prevalent in the city.

Due to his involvement, Raja is marked for death by Rajan Nayak, who contracts a police
inspector to kill both him and Sonia. However, he fails and is killed. The police pursue Raja
and Sonia, who is also running from Rajan Nayak. Raja attempts to get help from Shrivastav
to no avail, and even Sonia's boss, Baba Kadam, abandons the pair.

Pushed to the limit, Raja resolves to kill all involved, in which he is helped by Inspector Rohit
Raghav, the new husband of Raja's village sweetheart, to kill Srivastav.

How Raja and Sonia will escape the law and teach the criminals a lesson is the story of the
film.3

2
https://www.hindustantimes.com/entertainment/controversial-film-deshdrohi-banned-in-maharashtra/story-
gJkXSM7tstCUg21m0O7b6L.html
3
https://en.wikipedia.org/wiki/Deshdrohi

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RELEVANT STATUTORY PROVISIONS
 Article 19 of the Indian constitution

“19. (1) All citizens shall have the right— (a) to freedom of speech and expression; (b) to
assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely
throughout the territory of India; (e) to reside and settle in any part of the territory of India; 1
[and] 2* * * * * (g) to practise any profession, or to carry on any occupation, trade or business.”4

[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or
prevent the State from making any law, in so far as such law imposes reasonable restrictions
on the exercise of the right conferred by the said sub-clause in the interests of 4 [the sovereignty
and integrity of India,] the security of the State, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of court, defamation or incitement to an
offence.]5

These rights are backed by the sanctions and certain restrictions under article 19(2) thus these
rights are not absolute and thus it these rights must be provided and if the restrictions are being
imposed that should be on reasonable grounds.

 Section 6 Bombay Cinemas (regulation) Act 1953

“POWER OF STATE GOVERNMENT OR LICENSING AUTHORITY TO SUSPEND

EXHIBITION OF FILMS IN CERTAIN CASES”
(1) 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) When an order under sub-section (1) has been issued by the Licensing Authority a copy
thereof together with a statement of reasons therefor, shall forthwith be forwarded by, the
licensing authority to the State Government and the State Government may either confirm or
annal the order.

4
https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
5
https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf

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(3) An order made under sub-section (1) shall, unless it is annulled by the State Government
under sub-section (2), remain in force for a period of two months from the date thereof but the
State Government may, if it is of opinion that the order should continue in force, extend the
period of suspension from time to time for such further period as it thinks fit.”6

 Section 153A of the India penal code

“153. Wantonly giving provocation with intent to cause riot—if rioting be committed; if not
committed.—Whoever malignantly, or wantonly by doing anything which is illegal, gives
provocation to any person intending or knowing it to be likely that such provocation will cause
the offence of rioting to be committed, shall, if the offence of rioting be committed in
consequence of such provocation, be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both; and if the offence of rioting be
not committed, with imprisonment of either description for a term which may extend to six
months, or with fine, or with both. 1 [153A. Promoting enmity between different groups on
ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to
maintenance of harmony.—(1) Whoever— (a) by words, either spoken or written, or by signs
or by visible representations or otherwise, promotes or attempts to promote, on 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,
racials, language or regional groups or castes or communities, or (b) commits any act which is
prejudicial to the maintenance of harmony between different religious, racial, language or
regional groups or castes or communities, and which disturbs or is likely to disturb the public
tranquillity, 1 [or] 1 [(c) organizes any exercise, movement, drill or other similar activity
intending that the participants in such activity shall use or be trained to use criminal force or
violence or knowing it to be likely that the participants in such activity will use or be trained
to use criminal force or violence, or participates in such activity intending to use or be trained
to use criminal force or violence or knowing it to be likely that the participants in such activity
will use or be trained to use criminal force or violence, against any religious, racial, language
or regional group or caste or community and such activity for any reason whatsoever causes or
is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious,
racial, language or regional group or caste or community,] shall be punished with imprisonment

6
https://lj.maharashtra.gov.in/Site/Upload/Acts/The%20maharashtra%20Cinemas%20(Regulation)%20Act..pdf

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which may extend to three years, or with fine, or with both. (2) Offence committed in place of
worship, etc.—Whoever commits an offence specified in sub-section (1) in any place of
worship or in any assembly engaged in the performance of religious worship or religious
ceremonies, shall be punished with imprisonment which may extend to five years and shall
also be liable to fine.]”7

7
https://www.iitk.ac.in/wc/data/IPC_186045.pdf

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JUDICIAL HISTORY
Kamal R. Khan vs. state of Maharashtra 09.01.2009- BOMHC

Act: Bombay Cinemas (regulation) Act 1953 - Section 6 Bombay Cinemas (regulation) Act
1953 - Section 6(1) Constitution Of India - Article 14 Constitution Of India - Article 19(1)
Constitution Of India - Article 19(1)(a) Constitution Of India - Article 19(1)(c) Constitution
Of India - Article 19(1)(d) Constitution Of India - Article 19(1)(g) Constitution Of India -
Article 19(2)

Case Note: Media and Communication - Suspension from Exhibition - Section 6(1) of the
Bombay Cinemas (Regulation) Act, 1953 - Present writ petition has been filed against order
whereby petitioner's film titled as 'Deshdrohi' was suspended from exhibition for 60 days and
further extended for further days - Held, scope of Section 6 of Act primarily relates to place
where picture is to be exhibited and this power is not available to State for passing of an order
of suspension in general terms - In view of course of action that propose to pass in this petition
it is not necessary to examine merit or otherwise of this legal controversy - Suffice it to note
that order under Section 6 of Act can only be passed if State is of opinion that any film which
is being publicly exhibited is likely to cause a breach of public order - There was absolutely no
material before State Government to support an inference that there was a breach of public
order or a likelihood of such a breach consequent upon exhibition of film - Suspension of
exhibition of film was ill conceived - State Government ought to have firmly dealt with those
who preach hatred and instigate violence against citizens of country for whom home and hearth
are Maharashtra - It is ironical that what was done was to suppress creative expression of an
idea and of lawful anguish of a citizen expressed on screen - Order of suspension is
unsustainable - In result quash the impugned orders.8

8
https://www.manupatrafast.com/

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LEGAL ISSUES INVOLVED
The film deshdrohi came with heavy criticism as Maharashtra government banned the film
“Deshdrohi” when it was deemed too stirring in light of the North Indian -MNS,and as it could
provoke the emotions of the specific kind of community. They blocked the release of the film
even after getting clearance certificate from CBFC but this move of the government was legally
justified as per the provisions of section 6 of Bombay Cinematography act which gave power
to state to restrict the release on the grounds for maintaining public order and peace.

ANALYSIS :

ARGUMENTS

 As this movie is presenting the attacks on the north Indian in the state of
Maharashtra and promoting the Politics, Pimp business, and Corruption, it is
clearly stated under section 6 of Bombay cinemas (regulation) Act 1953
that “POWER OF STATE GOVERNMENT OR LICENSING AUTHORITY TO
SUSPEND EXHIBITION OF FILMS IN CERTAIN CASES” and under this

section can only be passed if State is of opinion that any film which is being publicly
exhibited is likely to cause a breach of public order. This film breach the public interest
found out that it could potentially disturb the peace in the city of Mumbai. So the
Maharashtra government has right to impose ban on the film “DESHDROHI”.

 Under article 19(1)(a) it is stated that “all citizens shall have the right to freedom of
speech and expression”. But there are certain provisions stated under article 19(2) of
Indian constitution that Nothing in sub-clause (a) of clause (1) shall affect the operation
of any existing law, or prevent the State from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred by the said sub-
clause in the interests of 4 [the sovereignty and integrity of India,] the security of the
State, friendly relations with foreign States, public order, decency or morality, or in
relation to contempt of court, defamation or incitement to an offence. So the ban of this
movie fully authorised.

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 There is a bonafide intention and there is no biasness, just to maintain the public order
and peace on different assumptions that could create an havoc in the state so we have
to ban that movie. As the petitioner filed the petition but than too the high court released
the movie so everything is under the hands.

 By censoring the film “Deshdrohi” state can provide the solution of the problem of
attack on north Indians in state of Maharashtra by providing their rights.

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 Counter Arguments

 No doubt that everyone has their right to freedom of speech and expression but if a
film or any other expression breach the public order then it is stated under article 19(2)
that Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing
law, or prevent the State from making any law, in so far as such law imposes reasonable
restrictions on the exercise of the right conferred by the said sub-clause in the interests
of 4 [the sovereignty and integrity of India,] the security of the State, friendly relations
with foreign States, public order, decency or morality, or in relation to contempt of
court, defamation or incitement to an offence. So the ban of this movie fully authorised.
So it is cleared that there is no violation of fundamental right at any part.

 Under article 19 (1)(d) and 19(1)(g) it is clearly stated that all citizens shall have right
“to move freely throughout the territory of India” and “to practise any profesion ,or to
carry on any occupation, trade, or business” respectively. So it is claiming that the
movie got banned because many people from the north India were taking over the jobs
of marathis is not valid.

 There is a legal intention in banning the movie i.e. to maintain public order and peace
in the state that doesn’t mean to demoralize anyone .

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Conclusion
in the light of facts, issues and arguments, it is cleared that the ban imposed on the film
Deshdrohi was in the interest of public because the move came after a recommendation from
the Mumbai police that the film should not be allowed to screen as it could cultivate enmity
and vitiate the already tense atmosphere. And by section 6 of Bombay cinemas (regulation) act
it is clearly stated that the “POWER OF STATE GOVERNMENT OR LICENSING
AUTHORITY TO SUSPEND EXHIBITION OF FILMS IN CERTAIN CASES”
(1) 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.9

Hence the ban was the logical and will be counted among the vice decisions.

9
https://lj.maharashtra.gov.in/Site/Upload/Acts/The%20maharashtra%20Cinemas%20(Regulation)%20Act..pdf

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