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The Supreme Court declined to hear a writ petition seeking a stay on the publication of the film ‘Why I Killed Gandhi’ on the over-the-top (OTT) platform ‘Limelight,’ instead directing the petitioner to the appropriate High Court.
A bench of Justices Indira Banerjee and JK Maheshwari, while allowing the petitioner to proceed to the High Court, noted that a writ petition under Article 32 may only be brought when there is an issue of basic right violation. “The petitioner’s fundamental rights do not appear to have been violated.” As a result, this request will be denied. However, it appears that the petitioner is a citizen, which could be cause for considerable concern.
The petitioner is free to bring his case to the High Court under Article 226,” the court stated.
Petitioner Sikandar Behl, through advocate Anuj Bhandari, sought the removal of all content from the controversial film from all online platforms, as well as the prohibition of any exhibition or publication of the film or any of its contents in any manner whatsoever on any OTT platform or social media. The distribution and screening of the film will irreversibly degrade the image of the Father of the Nation, causing public turmoil, hostility, and disharmony, according to the petition.
It also emphasized the importance of OTT platform content regulation.
It said that in the movie’s two-minute-and-twenty-second teaser, an attempt is made to blame Mahatma Gandhi for India’s division and crimes against Hindus in Pakistan, and so an attempt is made to justify Mahatma’s assassination.
The film, which is due to premiere on multiple OTT platforms on January 30th, the 50th anniversary of Mahatma Gandhi’s killing, has sparked widespread outrage.
Amol Kolhe, a member of Maharashtra’s ruling Maha Vikas Aghadi, plays Godse in the film, which has generated controversy among Maharashtra’s ruling Maha Vikas Aghadi allies Shiv Sena, NCP, and Congress.
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