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Supreme Court of India Pauses Release of "Hamare Baarah" Pending High Court Decision

Supreme Court of India Pauses Release of "Hamare Baarah" Pending High Court Decision

By: Team Caseguru
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The release of the controversial film "Hamare Baarah" has been suspended by India's highest court. The decision follows a petition challenging the Bombay High Court's clearance.

The Supreme Court of India suspended the public screening of the film "Hamare Baarah" until the Bombay High Court issues a final decision on a related petition. This ruling stems from petitions (No. 13061-13062/2024) filed by Azhar Basha Tamboli VS Ravi S. Gupta and others, challenging two interim orders (dated June 6th and 7th, 2024) from the Bombay High Court.

The Bombay High Court initially issued an injunction on June 5th, 2024, preventing the film's release after Tamboli filed a petition for a Writ of Mandamus to revoke the film's certification by the Central Board of Film Certification (CBFC). This injunction was later lifted on June 6th, allowing the film's release. The court then instructed the CBFC to assemble a panel to review the movie and provide feedback. On June 7th, the Bombay High Court, dissatisfied with the panel's request for a deadline extension, ordered the filmmakers to remove specific dialogues by the end of the day. The CBFC was also directed to re-certify the edited film by the end of the day, with the new version allowed to be screened in theaters from June 8th onwards.

While acknowledging the pending case in the Bombay High Court and the interim nature of the previous orders, the Supreme Court opted not to examine the merits of the case, however, Justise Sundeep Mehta orally observed and termed the movie teaser to be "objectionable". And instead of deciding on the appeal, the Apex Court urged the Bombay High Court to expedite its decision-making process, emphasizing the urgency of the matter.

The Supreme Court also mandated full cooperation from both parties involved, requesting they refrain from seeking adjournments unless absolutely necessary. This underscores the Supreme Court's desire for a swift and definitive resolution and held that "We further make it clear once again that we have not considered the matter on merits and leave all the questions open before the High Court to be considered on its own merits.".

The court concluded by reiterating that all legal questions raised in the case are left for the Bombay High Court to address.
Thus, pushing the movie release date to uncertainity.

Coram:HON'BLE MR. JUSTICE VIKRAM NATH & HON'BLE MR. JUSTICE SANDEEP MEHTA
Special Leave to Appeal (C) No(s). 1306113062/2024
(Arising out of impugned interim orders dated 06-06-2024 in WP No. 8071/2024 and 07-06-2024 in WP No. 8071/2024 passed by the High Court Of Judicature At Bombay)
Between: AZHAR BASHA TAMBOLI Vs VERSUS RAVI S. GUPTA & ORS.

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