Sahil Parvez Vs. Union of India

Assialing Release of movie during pendency of CBFC Approval is premature

Introduction:The case involves multiple writ petitions challenging the release of a film titled "2020 Delhi", which depicts the 2020 North-East Delhi riots. The petitioners alleged that the movie presents a distorted narrative, prejudices ongoing criminal trials, incites communal discord, and influences electoral processes.

The petitioners sought: A stay on the movie’s release until criminal cases related to the riots conclude.Revocation of CBFC certification (if granted) for violating constitutional and statutory provisions.

Removal of the movie trailer from online platforms. The Court had to determine whether the film’s release should be halted or regulated under the Cinematograph Act, 1952, considering the freedom of expression (Article 19(1)(a)) and reasonable restrictions (Article 19(2)).

Petitioners’ Allegations:Distorted Narrative: The trailer portrays a biased version of the riots, implicating specific individuals in a negative light. Petitioner in W.P.(C) 1211/2025 (Sharjeel Imam) claimed he was "demonized" and prejudged in the film, affecting his ongoing trial under FIR 59/2020.Interference with Judicial Proceedings: The film allegedly prejudices ongoing criminal trials, potentially violating the Contempt of Courts Act, 1971.Communal Discord & Public Order: W.P.(C) 1263/2025 alleged that the film incites religious sentiments, violating Article 25 (Freedom of Religion) and Article 19(2) (reasonable restrictions on free speech). Electoral Influence:W.P.(C) 1275/2025 claimed the movie could impact elections in Delhi and manipulate voter behavior.

Respondents’ Defense:Producers' Stand (Movie Creators):

Producers assured that: The Central Board of Film Certification (CBFC) approval is pending. No public screening will occur without CBFC clearance. The film is a fictional and dramatized account, not a factual recreation. A disclaimer will be added to clarify this.

Union of India’s Argument: The CBFC is the statutory authority for deciding a film’s suitability for public screening. Premature to challenge the film before certification.

Petitioners’ Arguments (Challenging the Movie):Film Prejudices Ongoing Criminal Trials The movie acts as a parallel trial, violating Article 21 (Right to Fair Trial). Cites Mushtaq Moosa Tarani v. Government of India (2005 SCC OnLine Bom 385), where a movie was stayed due to potential prejudice to an ongoing trial. Incites Communal Tension & Public Disorder:The movie allegedly vilifies one community, violating: Section 5B(1) of the Cinematograph Act, 1952 (restrictions on content inciting public disorder). Articles 19(2) & 25 of the Constitution (public order, morality, and religious freedom). Influences Elections Complaint filed with the Election Commission of India (ECI) to block the movie’s release before elections.

Respondents’ Arguments (Defending the Movie):No Grounds for Premature Censorship

Hiten Dhirajlal Mehta v. Bhansali Production (2022 SCC OnLine Bom 372):Once CBFC certifies a film, courts should not interfere without strong justification.The CBFC is yet to certify the movie, making the petition premature.Freedom of Expression (Article 19(1)(a))Supreme Court in Viacom 18 Media v. Union of India (2018 1 SCC 761) held: Creative freedom is protected unless it violates public order or morality.Online Content Not Covered Under the Cinematograph ActPadmanabh Shankar v. Union of India (ILR 2019 KAR 4630):

The Act regulates cinematographic films, not internet-based content.Disclaimers Ensure No Misrepresentation:The film’s disclaimer, as approved in Lt. Col. Prasad Purohit v. National Investigating Agency (2024 BHC-OS 18519-DB), clarifies that: The movie is fictional and not an accurate representation of real events.

Court’s Discussion on Judgments and Citations:Contempt of Court & Fair Trial:Court rejected Contempt of Court arguments stating:Prejudice to trials is speculative until the movie is screened. Adarsh Cooperative Housing Society v. Union of India (2018 17 SCC 516): CBFC certification implies compliance with legal guidelines. Cinematographic Regulation vs. Online Content:Court cited Karnataka HC in Padmanabh Shankar (2019): The Cinematograph Act does not regulate online movie trailers, limiting the Court’s power to intervene.Election Influence Concerns:Election Commission of India (ECI) assured examination of the complaint.

Reasoning of the Judge:CBFC Approval is Mandatory for Release:Since CBFC certification is pending, the petition is premature. No Basis for Prior Restraint:Citing Viacom 18 (2018) and Hiten Dhirajlal Mehta (2022): Courts should not preemptively block movies before CBFC review.

Disclaimers Mitigate Any Misrepresentation:Court accepted the producers’ commitment to display a disclaimer. Election Commission Will Decide Electoral Influence:Court left the election-related concerns to the ECI.

Decision:Petitions Dismissed as Premature.No preemptive ban on the movie..CBFC will decide certification.Disclaimers Must Be Displayed. The movie must include a disclaimer stating it is fictional.Election Commission Will Review ComplaintsThe ECI will assess whether the movie violates election laws.

Conclusion:The Court upheld freedom of artistic expression while ensuring procedural compliance. CBFC remains the primary authority for certification, and unless it certifies the movie, the Court will not intervene.

This case reaffirms that: Films are protected under Article 19(1)(a) unless they explicitly violate public order/morality.CBFC certification is a prerequisite before seeking judicial intervention.Disclaimers are a sufficient safeguard against misinterpretation.

Case Title: Sahil Parvez Vs. Union of India

Date of Order: January 31, 2025

Case No.: W.P.(C) 1192/2025 (Lead Petition)

Neutral Citation: 2025:DHC:613

Court: High Court of Delhi

Judge: Hon'ble Justice Sachin Datta

Advocate Ajay Amitabh Suman

[Patent and Trademark Attorney]

High Court of Delhi

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