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The Delhi High Court on Thursday directed the Central Board of Film Certification (CBFC) to decide within a week, a proposal by the makers of Mirzapur: The Movie to replace the song 'Shoorveer' in the film's climax with background music.

A Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia was hearing a PIL filed by Prashant Kumar Singh seeking removal of the song, originally composed as a tribute to historical figure Maharana Pratap, from the film's backdrop scenes involving fictional gangsters.

During the hearing, counsel appearing for the film's producer submitted that the song was used during a climax sequence depicting a fight between two factions and had nothing to do with any comparison with Maharana Pratap. Counsel also clarified that the song was not being sung in the sequence.

The Bench however orally observed prima facie that the use of the song did not appear to be "in good taste".

"We have come to a situation where we are revering violence?" the Court remarked.

It however clarified that it was refraining from making any observations on the merits of the petition and suggested that the petitioner approach the Central Government, observing that the issue concerning a work of art could be better examined by the competent authority.

When the petitioner's counsel submitted that the film would be available on OTT platforms within four weeks and the PIL could consequently become infructuous, the Court noted that the production house had itself approached the CBFC regarding modifications to the film.

Counsel for the CBFC informed the Court that under Rule 31 of the Cinematograph (Certification) Rules, 2024, the producer had submitted Form III proposing certain modifications to the film, including replacement of the song with background music.

The CBFC counsel stated that a decision on the proposed modification would be taken within a week.

"Please see the modification details. If they are themselves modifying the song with background music, the purpose of filing petition is fulfilled. The matter is resolved," the Court then observed.

It ultimately adjourned the matter for a week and directed that the decision on the proposed modification be taken in the meantime.

The plea has been moved by one Prashant Kumar Singh and has been filed through Advocates Shashank and Shashwat.

The PIL contends that the track was originally composed as a revered tribute to historical icon Maharana Pratap. It alleges that the song has been inappropriately used to glorify fictional gangsters.

Singh has submitted that using a song dedicated to a national hero to backdrop cinematic criminals deeply hurts the cultural legacy of the country.

Furthermore, the plea highlights that the original cultural context of the song will be severely distorted if used in the movie, thereby creating a misleading association in the public memory that equates the legacy of Maharana Pratap with fictitious gangsters.

The petition seeks a direction to remove or replace the track from the movie's climax.

It also seeks framing of appropriate guidelines for dealing with the use of songs associated with historically or culturally significant personalities, to ensure that their use in cinematographic works does not result in an undesirable or misleading association with criminal, anti-social or otherwise contrary conduct, while duly balancing the freedom of artistic and creative expression.

Title: PRASHANT KUMAR SINGH v. UNION OF INDIA & ORS

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