The Supreme Court on Thursday (June 13) ordered the suspension of the film ‘Hamare Baarah’ until the Bombay High Court resolves the case regarding its release, as reported by LiveLaw.
The film, which was slated to release on June 14, is accused of being derogatory towards the Islamic faith and married Muslim women in India.
The decision was made by a vacation bench consisting of Justices Vikram Nath and Sandeep Mehta, in response to a plea challenging the Bombay High Court’s previous order allowing the film’s release.
“Until disposal of the petition before the High Court, screening of the movie in question shall remain suspended,” the bench ordered.
During the hearing, the judges mentioned they had viewed the film’s teaser and found it offensive.
“Today morning we have seen the teaser. It is as such with all those objectionable materials. The teaser is available on YouTube,” Justice Mehta remarked.
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Justice Nath added, “The teaser is so offensive that the High Court granted an interim order,” referring to the initial interim order that had halted the film’s release.
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Initially, the petitioner Azhar Basha Tamboli had filed a writ petition in the Bombay High Court against the Central Board of Film Certification (CBFC), seeking to revoke the certification granted to ‘Hamare Baarah’ and to stop its release.
Tamboli argued that the film, originally set to release on June 7, violated the Cinematograph Act, 1952, and associated rules and guidelines. He claimed the trailer insulted the Islamic faith and misrepresented married Muslim women, potentially violating Articles 19(2) and 25 of the Indian Constitution.
Tamboli also contended that the trailer misrepresented Aayat 223, a verse in the Quran, and failed to include necessary disclaimers or certification references from the CBFC. Conversely, the CBFC maintained that the film had been certified following all procedures and that the objectionable content had been removed. They argued that the trailers on YouTube and BookMyShow, cited by Tamboli, were uncertified.
After initial hearings, the Bombay High Court found in favour of Tamboli and temporarily restrained the film's release until June 14. The court then ordered the formation of a three-member review committee to evaluate the film and provide comments.
However, as the committee sought additional time, the court eventually allowed the film’s release, considering the filmmakers' agreement to remove certain dialogues without prejudice.
“Both parties will extend full cooperation in the disposal of the main petition and would not seek any adjournment,” the Court stated as reported by LiveLaw.
Earlier this week, Annu Kapoor’s ‘Hamare Baarah’ was banned in Karnataka.