Following the Bombay High Court's dismissal of PIL filed by one Satish Gaikwad seeking stay on release of biopic based on Prime Minister Narendra Modi, the petitioner has now moved the Supreme Court seeking leave to appeal against the said order of dismissal.
Gaikwad is the national president of the Republican Party of India (I).
On April 1, 2019, the high court refused to stay the release of the film and observed that since the Election Commission had already taken cognizance and issued notice to the filmmakers, there was no need to interfere.
The ECI had submitted before the Bombay High Court that there was no violation of the model code of conduct.
In the special leave petition filed by Gaikwad, it is argued that the "High Court has not applied the judicious mind while deciding the Public Interest Litigation no. 41 of 2019 filed by the Petitioner".
"The time and date when the trailer has been released cannot be taken as simpliciter, the reason behind this is that this activity to get the trailer released even after imposition of election code of conduct shows that it is not only the respondent no. 5 rather it shows the collusion of all the respondents which have syndicated to get the trailer released while ignoring the and disobeying the election code of conduct."
Respondent Number 5 is Suresh Oberoi, producer of the film and father of Vivek Oberoi who has portrayed Narendra Modi in the film.