Punjab & Haryana High Court Refuses To Entertain PIL On Restoration Of Diljit Dosanjh Starrer 'Satluj'
Court questioned the locus of the petitioner who was neither the director nor producer of the movie.
The Punjab & Haryana High Court dismissed a PIL seeking restoration of singer-actor Diljit Dosanjh's film Satluj, which was recently taken down from OTT platform.
The plea filed by a Punjab resident challenged the removal of the movie, alleging it was arbitrary and unjustified, and urged the Court to intervene to ensure its availability to the public.
Satluj is based on the story of the prominent Sikh human rights activist Jaswant Singh Khalra and alleged extra-judicial killings by Punjab Police during 1995.
Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor questioned the locus of the petitioner who was neither the director nor producer of the movie.
"We will withdraw it and file it through the director," said the petitioner.
During the hearing, Senior Advocate Dheeraj Jain assisted by Advocate Shreyansi Verma appearing for the Union Government and Censor board objected, "what is the public cause in this?", and added the petitioner has no locus. "He vaguely indicated that the order (for removal of the movie) has been passed but doesn't found the details."
On 5 July the movie was removed and on 8th the petition was filed without approaching any authority or filing the representation, Jain further pointed.
The bench asked, "Whether Director of the movie approached any authority," to which Jain responded in negative.
The PIL stated that, "The abrupt removal of the film, without disclosure of any statutory order, judicial direction or lawful authority, has not only curtailed the fundamental right of the public to receive information and artistic expression under Article 19(1)(a) of the Constitution of India but has also deprived thousands of bona fide subscribers of access to content for which they had already paid consideration."
It further stated that the film is a biopic based upon true facts and life story of late Jaswant Singh Khalra and does not affect the sovereignty and integrity of our country in any manner nor is it aimed to disrupt public order.
The plea also contended that sudden withdrawal of the film based upon documented historical events and the life of a human rights activist whose case has already been adjudicated upon by constitutional courts has given rise to serious concerns regarding transparency, freedom of artistic expression.
Title: SHARWAN SINGH Vs UNION OF INDIA AND ORHERS