Tandav Controversy: Madhya Pradesh High Court Refuses To Entertain Plea Seeking Stay On The Streaming Of Web Series

The Bench of Chief Justice Mohammad Rafiq & Justice Vijay Kumar Shukla was hearing the plea of one Aditya Tiwari, who also sought direction that appropriate legal steps be taken to bring all OTT platforms under the censorship laws.

At the outset, the Deputy Advocate General, submitted that similar writ petition was dismissed by the Allahabad High Court in the Case of Sandeep Garg v. Union of India and 4 others.

On the other hand, the Counsel for the petitioner did not dispute the fact that some of the objectionable contents of the web-series have already been removed and the makers of the web-series have tendered unconditional apology, but stated that there are still many objectionable parts in the web-series which have not been removed.

However, after arguing the matter for some time, the petitioner in the case prayed for withdrawal of the writ petition with liberty to raise his grievance before the appropriate authority under the law.

Lastly, having regard to the fact and circumstance of the case, the Court was not persuaded to issue the writ of mandamus commanding the respondents to formulate the Rules as prayed for.

Instead of entertaining the writ petition, the petitioner was set at liberty to approach the appropriate authority under the law for redressal of his grievances.

Significantly, as reported by Hindi Daily Nai Duniya, the Madhya Pradesh High Court, during the course of hearing, made it clear that a wide variety of content is available on the Internet and it depends on the personal interest of the viewers what to watch and what not to watch.

In related news, the Allahabad High Court last week, while reserving order in the Anticipatory Bail Plea filed by Amazon Prime, Original Content Head (India) Aparna Purohit, granted her protection against coercive against till pronouncement of Order.

A First Information Report (FIR) has also been registered against Aparna Purohit, 'Tandav' Web Series Director Ali Abbas Jafar, Producer Himanshu Krishna Mehra and Writer Gaurav Solanki and others at Hazratganj Kotwali in Lucknow (Uttar Pradesh) for allegedly depicting Hindu gods in a bad light in the web-series Tandav and 'which could lead to religious flare-ups'.

As reported by The Press Trust of India (quoting sources), taking cognizance of complaints that Hindu gods and goddesses have been ridiculed in web series 'Tandav', the Ministry of Information and Broadcasting on Sunday (17^th January) sought an explanation from streaming platform Amazon Prime Video on the issue.

"The ministry has taken cognizance of the matter (complaints) and asked Amazon Prime Video to explain," a source in the ministry said.

Tandav', starring actors Saif Ali Khan, Dimple Kapadia, Sunil Grover, Tigmanshu Dhulia, Dino Morea, Kumud Mishra, Mohd Zeeshan Ayyub, Gauhar Khan and Kritika Kamra, premiered on the streaming platform Amazon Prime last month.

Significantly, last month the Supreme Court, while observing that "You Cannot Hurt Religious Sentiments", issued notices on a plea filed by the Director, Producer, Writer and Actor of the web series Tandav seeking for clubbing and transferring of criminal proceedings which have been initiated against them in various cities for allegedly hurting religious sentiments.

A Bench comprising of Justices Ashok Bhushan, R. Subhash Reddy and MR Shah refused to grant any interim protection to the accused persons apprehending arrest from Police departments of six states.

Case title - Aditya Tiwari Vs. State of Madhya Pradesh and others [W.P. No.1613/2021]

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