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Allahabad HC Dismisses Pleas Against Streaming Of Web Series Paatal Lok And XXX-Season 2 [Read Orders]

Akshita Saxena
30 Sep 2020 7:32 AM GMT
Allahabad HC Dismisses Pleas Against Streaming Of Web Series Paatal Lok And XXX-Season 2 [Read Orders]
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The Allahabad High Court on Monday dismissed two PILs filed for censorship of web series Paatal Lok and XXX-Season 2 respectively. The cases were dismissed by a Division Bench comprising Chief Justice Govind Mathur and Justice Siddhartha Varma with a direction to approach the competent authority first. "It is a settled principle of law that the person demanding writ in the nature...

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The Allahabad High Court on Monday dismissed two PILs filed for censorship of web series Paatal Lok and XXX-Season 2 respectively.

The cases were dismissed by a Division Bench comprising Chief Justice Govind Mathur and Justice Siddhartha Varma with a direction to approach the competent authority first.

"It is a settled principle of law that the person demanding writ in the nature of mandamus is first required to make a demand from the Authority competent. A deviation from such settled principle can be made only in extraordinary circumstances and no such circumstance has been pointed out by the petitioner in this petition for writ," the Court said while dismissing the plea against XXX show, currently streaming on subscription-based video platform- ALT Balaji.

So far as Prime Video's Paatal Lok show is concerned, the Court has asked the competent authority to decide the representation within four weeks. It said,

"we deem it appropriate to keep it open for the petitioner to agitate his cause before the competent authority of the Government of India. The writ hence is disposed of by giving liberty to the petitioner to approach the competent authority for redressal of his grievance. The petitioner if submits a representation within a period of four weeks from today, that shall be considered by the authority competent in accordance with law."

The brother-in-law of an Indian soldier, Anniruddha Singh, had moved the High Court seeking ban on the XXX show, for allegedly tarnishing and maligning the social reputation of wives of army officers.

As per the petition, in Episode 1 of the series, the wife of Ex-Colonel of the Indian Army is shown to be an adulterous woman, who eventually tears of the Indian Army Uniform in an "erotic manner".

It was submitted that portrayal of lives of army officers' spouse in such a derogatory light may cause "irreparable damage" to the mental peace and psychological health of the soldiers and may negatively impact their performance.

It was further contended that the impugned representations were punishable under the Indecent Representation of Women's (Prohibition) Act 1986, the State Emblem of India (Prohibition of Improper Use) Act, 2005 and various relevant provisions of the Indian Penal Code and the Information Technology Act, 2000.

The Paatal Lok show was challenged by Advocate Sangeeta Gupta who claimed that the web series is offending to the principles of "Sanatan Dharm" and is also in violation of fundamental rights enshrined under Articles 25 and 26 of the Constitution of India.

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