'Film Is Fiction': MP High Court Rejects Plea By Shah Bano's Daughter Against Release Of Haq Movie

The Madhya Pradesh High Court has dismissed Shah Bano's daughter's plea against release of Haq movie, observing that as per the disclaimer the film is fictional, adaptation of a book 'Bano: Bharat Ki Beti' and inspired by the 1985 landmark Supreme Court judgment hence some amount of leeway is permissible. The court said that the same does not amount to false portrayal of the petitioner's mother and the movie does not claim to be a true story of any person. The court noted that the film is not claimed to be based "purely upon" the Supreme Court's judgment in Ahmad Khan v. Shah Bano Begum (1985) and if it contains any personal details used for dramatization then the same was not wrong.Justice Pranay Verma in his order observed:"Since the disclaimer itself states that the same is dramatization and is fictional and an adaptation of a book and is inspired by a judgment of the Apex Court, it cannot be said that the contents of the film are fabricated. Since the film is an inspiration and a fiction, some amount of leeway is certainly permissible and merely because the same is done, it cannot be said that there has been any sensationalization or false portrayal. The narrative does not claim to be true hence to contend that the same distorts personalities and private lives of individuals is unacceptable. The contention that the script/dialogues are fabricated and not drawn from any legitimate or judicial source also cannot be accepted since the movie does not claim to be a true story of any individual".The court further said:"The contention of the petitioner may have been acceptable if the film had been claimed to be true but it is only claimed to be a dramatized and fictionalized adaptation and an inspiration. In the course of the same it was not required to be an exact adaptation. The film is not stated to be based purely upon the decision in the case of Shah Bano hence if it contains any personal or matrimonial details for the purpose of dramatization and picturization, nothing wrong can be found in the same. The contention of the petitioner that the film is a fabrication and is based on fictional narrative hence cannot be accepted".The movie is set to release on November 7 and is reportedly inspired by the landmark decision in Ahmad Khan v. Shah Bano Begum (1985) wherein the Supreme Court applied Section 125 CrPC and ruled that maintenance be given to Shah Bano, a Muslim woman, even after divorce.Film based on public record, no right of privacy persistsThe high court further noted that as per the producers of the movie, the film is inspired by the life of Shah Bano and the 1985 judgment. The court noted that the material from which the film draws inspiration are all available in the "public record", have been published, republished and recounted for decades without any objection from Shah Bano. It noted, "The film is apparently based on public records including Court records hence it cannot be said that the script/dialogues have not been drawn from any legitimate or judicial source. In R. Rajagopal (Supra) it has been held by the Apex Court that any publication becomes unobjectionable if such publication is based upon public records, including Court records. Once a matter becomes a matter of public record, the right of privacy no longer subsists and it becomes a legitimate subject for comment by the Press and Media amongst others. The same is precisely the fact situation in the present case".Shah Bano's right to privacy has come to an end The court referred to Supreme Court's decision in K.S. Puttaswamy as well as Madras High Court's decision in Deepa Jaya Kumar Vs. A.L. Vijay and Others (2021) where it was held that privacy or reputation earned by a person during his or her lifetime extinguishes with his or her death and can't be inheritedThe court said that since Shah Bano is no longer alive, her right of privacy and reputation has come to an end with her and it was not the petitioner's case that the film has in any manner violated her own privacy or reputation in any manner. "Thus, the contention that the film violates the right of privacy or reputation of Smt. Shah Bano is not acceptable. There was also no obligation on part of the respondents to take prior consent from the petitioner prior to producing and releasing the film," the court said. Petitioner did not avail alternate remedyThe court also noted that the film has been granted a UA 13+ Certificate by Central Board of Film Certification (CBFC) on August 28. The court noted that against this grant of such certificate, the petitioner has an "alternate remedy" available under Section 5-E of the Cinematograph Act of approaching the Central Government for suspension and/or revocation of the certificate which has not been availed of by her. "Instead, directly in this petition, prayer has been made for withholding or revoking the certification of the film. In the available facts of the case the petitioner ought to have...

'Film Is Fiction': MP High Court Rejects Plea By Shah Bano's Daughter Against Release Of Haq Movie

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