Justice J R Midha passed the order declining the plea of Delhi Sikh Gurdwara Management Committee (DSGMC) seeking stay on the film on the ground that Central Board of Film Certification (CBFC) has not complied with the high court's direction.
The counsel for DSGMC referred to the April 19 direction during the hearing of the contempt plea filed by it and two others against CBFC chairman Pahlaj Nihalani and CEO Anurag Shrivastava, in which it was alleged that they had not complied with the March 29 directions given by the court.
Seeking stay on the film's release, DSGMC claimed that they had met CBFC officials at Mumbai in pursuance to court's April 19 order, but were neither given a proper hearing nor was the movie shown to them.
Countering the submissions, central government's standing counsel Anil Soni said a patient hearing was given to DSGMC.
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The court refused to stay release of the movie observing that it has the jurisdiction to hear only contempt matters and as per the arguments advanced by the standing counsel, no contempt was made out.
To this, the DSGMC sought withdrawal of their plea, which was allowed by the court.
At the outset of the hearing, the bench said it had
already made it clear it won't interfere with the Censor Board's certificate granted to the film for public viewing.
However, the lawyer for petitioner Ujjawal Anand Sharma said he was confining their plea to the second prayer.
Yesterday, the court had cleared the decks for release of the film saying there was nothing objectionable in it.
It had dismissed a plea, by Ajay Katara, opposing the film's release, which was today, saying the petition was "devoid of merit" and the allegations in it were "vague and unsubstantiated".
The bench was of the view that video trailer and posters of the film were "not sufficient to arrive at a conclusion that the contents of the film are objectionable as sought to be contended" in the plea.
The PIL by Ajay Katara had opposed release of the film claiming that it is against the ideology of the "oldest political party of the country" and that it showed an existing political figure in a bad light as the producers used a look-alike of the person in the movie. Katara had not named the political figure in his plea.