Nothing Objectionable: Allahabad HC Rejects Plea To Stop Release Of 'Jolly LLB 3' Movie For 'Defaming' Legal Profession

The Allahabad High Court has dismissed a writ plea seeking action against the song 'Bhai Vakeel Hai' from the upcoming Bollywood film 'Jolly LLB 3'. It also rejected the prayer to restrain the movie's release on the grounds that it allegedly defamed the judiciary and legal profession. A Division Bench of Justice Sangeeta Chandra and Justice Brij Raj Singh categorically observed that it found 'nothing objectionable' in the song's lyrics or in the film's trailer/teaser that could be said to scandalise the legal fraternity, as the two petitioners had claimed. Essentially, the petitioners, represented by advocates Rishab Khare and Anadi Chitranshi, had sought multiple reliefs, including: a direction restraining the release, exhibition or screening of the movie Jolly LLB 3, removal of the song 'Bhai Vakeel Hai' from all digital and social media platforms, revocation of certification granted by the CBFC to the film, compel the filmmakers and producers to issue a public apology for the 'derogatory portrayal' of advocates in the movie. The petitioners argued that the film's trailer depicts the legal profession in a scandalous and derogatory manner, lowering the dignity of the judiciary, offending advocates' stature as 'officers of the court' as well as causing grave injury to the judiciary. They also submitted that the derogatory portrayal in the Jolly LLB series discourages people from joining the legal profession and creates disillusionment among law students, thereby affecting the future of the justice delivery system. It was further contended that the Central Board of Film Certification (CBFC) ignored its statutory duties under Sections 5-A and 5-B of the Cinematograph Act, 1952, by approving certification for a film that purportedly scandalises the judiciary. The petitioners also referred to the Advocates Act, 1961 as they alleged violation of the dignity of legal practitioners. However, the Union of India opposed the petition and raised a preliminary objection to its maintainability. It was argued that a writ of mandamus cannot be issued unless the aggrieved party first makes a representation to the competent authority, and only if such authority refuses or neglects to act, can a writ be sought. Senior Advocate and Deputy Solicitor General of India SB Pandey, assisted by Advocate Varun Pandey, further emphasised that under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as updated in April 2023, citizens already have remedies to file grievances regarding online curated content before intermediaries or publishers. However, it was submitted that in the present case, the petitioners had not invoked these remedies before approaching the Court. Agreeing with this preliminary objection, the Bench noted: "We find from the petition that the petitioners have not yet approached any authority as given under the Rules, 2021. We find the preliminary objection raised by the learned Deputy Solicitor General of India to be of some substance". The bench further recorded that they had personally gone through the three official trailers/teasers of Jolly LLB 3 released on YouTube and social media, as well as the lyrics of 'Bhai Vakeel Hai' but found nothing objectionable. The court said: "…we did not find any objectionable matter to warrant interference by this Court. We have also gone through the lyrics of the song "Bhai Vakeel Hai" and we do not find anything which may interfere in the practice of the legal profession by genuine Advocates". Accordingly, the Court dismissed the writ petition in its entirety, without imposing any costs.

Nothing Objectionable: Allahabad HC Rejects Plea To Stop Release Of 'Jolly LLB 3' Movie For 'Defaming' Legal Profession

Sparsh Upadhyay

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