Law college student arrested

• Staff Reporter

: A law student was arrested by the Museum police on Wednesday for allegedly ragging and assaulting his college-mates.

The e police said the accused identified as Faizal Khan (24), from Chadayamangalam, was a student of the Government Law College. He was arrested on the basis of a complaint submitted by the college management.

The accused had been dismissed from the college following charges of ragging and assault. He allegedly attacked another student using a machete a month ago. More recently, he had entered the college premises and attempted to create problems, the police said.

 Source: http://www.thehindu.com/news/cities/Thiruvananthapuram/law-student-arrested/article7947911.ece

Parliament has power to govern judicial appointment process: Law Minister

First statement from Law Minister on judicial appointment after the Supreme Court struck down the NJAC Act on October 16

Over a month after the Supreme Court struck down a law on appointment of judges to the higher judiciary, the government on Wednesday asserted in Lok Sabha that the Parliament has the “power” to “govern” the criteria and process for appointment of judges to the Apex Court and High Courts.

“The Parliament shall have the power, within parameters of the Constitution, to govern the criteria and process for appointment of judges to the Supreme Court and the High Courts,” Law Minister D.V. Sadananda Gowda said in a written reply.

This is the first time the Law Minister has spoken in Parliament on the SC verdict that struck down the National Judicial Appointments Commission (NJAC) Act, 2014,.

A group of MPs had asked the government whether it proposes to ‘review’ the NJAC Act after the SC struck down the law on October 16. They had also sought details of the proposed ‘follow up’ action.

Mr. Gowda said that after the order, the collegium system of appointment of judges has been again declared as operational. As the SC considers introduction of “appropriate measures” to improve the working of collegium system, the government has submitted its suggestions for the same,” Mr. Gowda said.

“The government has taken the stand that it reserves liberty to take such action as it may deem fit, and nothing in the suggestions made by the government or participation in the proceedings ought to be construed as the government being estopped from such action,” he said.

During a discussion on ‘commitment to the Constitution’ in the Rajya Sabha on November 27, Finance Minister Arun Jaitley had said that no position of law “can ever justify” a situation where the CJI appoints other judges and everyone else becomes irrelevant.

Noting that independence of judiciary is absolutely essential, the lawyer-turned-politician said the appointment of judges to high judiciary should be a consultative process.

“Today, the absolute contrary to what Dr. Ambedkar had envisaged is happening,” Jaitley said, adding, “today we have reached a position where the CJI will appoint and everyone else is irrelevant. No position of law can ever justify it,” he had said.

The collegium system made a return after a gap of six months after the SC verdict.

The National Judicial Appointments Commission Act and an accompanying Constitution Amendment Act were brought into force on April 13. It overturned the collegium system. But the two Acts were struck down on October 16 by a Constitution bench of the Apex Court.

 Source: http://www.thehindu.com/news/national/parliament-has-power-to-govern-judicial-appointment-process-law-minister/article7945325.ece

Gujarat’s controversial Labour Laws Bill gets Presidential assent

President Pranab Mukherjee has given assent to the contentious Labour Laws Bill of Gujarat, which has provisions to ban strikes in public utility services for up to one year. The Bill was sent for the President’s approval along with the controversial Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill, 2015, which is yet to be given the green light.

Mr. Mukherjee has received representations against both Bills from the Opposition in Gujarat.

Of the 65 State laws sent to the President this year, only 34 have got assent.

The President has also refused to give assent to the Sikkim Promotion of Local Employment Bill, 2008, which proposed 80 per cent employment in the private sector for people carrying the Sikkim Subject Certificate.

According to a Right to Information request filed by The Hindu, the Labour Laws (Gujarat Amendment) Bill, 2015, was cleared by the President on September 20. The Sikkim Promotion of Local Employment Bill was rejected on September 26 because it violated Sections 14, 15 and 19 of the Constitution.

Repugnant to Central laws

As their contents had certain clauses repugnant to the Central government laws, the Ministry of Home Affairs had sent the two Bills for inter-ministerial consultation before forwarding them to the President. Not all State laws are sent to the President for assent. It is done only when a law runs counter to the Central government laws, deviates from the national policies and its legal and constitutional validity can be challenged.

When the Bill was passed in the Gujarat Assembly in February this year, the entire Opposition walked out, terming it as “anti-labour” and “pro-private industries.”

Over a dozen amendments were made to the original law regarding labour laws protecting labourers in factories and other sectors. Among other contentious clauses, the time limit for workers to raise objections to the decisions of the industries has been reduced to one year from three years.

The Gujarat government passed the Bill to “relax labour laws to give an impetus to industrialisation in the State.”

The most controversial amendment was over settlement of disputes between workers and the management “out of court” by compounding a certain amount of money in the government agency.

"This provision will reduce unnecessary and endless litigation, as court cases go on for years. Thus, we want to introduce a system wherein labourers can arrive at a compromise with employers without approaching court,” Labour and Employment Minister Vijay Rupani said, defending the provision.

“For this, the government will charge up to Rs. 21,000 in penalty from the employer and give 75 per cent of the money to the affected employee or employees. This will bring quick solutions and reduce the burden on courts,” Mr. Rupani said.

Congress lawmaker Shaktisinh Gohil criticised the government for bringing in the amendments which were against the interests of workers and favoured industrialists.

As for the GCTOC Bill, a senior official of the Union Home Ministry told The Hindu that it was still in the President’s office but he had not asked for any clarification.

As reported by The Hindu earlier, the Union Home Ministry watered down the Bill and prevailed over the Gujarat government’s suggestion to let the State Home Secretary be the final authority on phone-tapping requests.

The Union Home Ministry said the State could not have “absolute powers” and such decisions would be processed only by the Union Home Secretary. 

Source: http://www.thehindu.com/news/national/gujarats-controversial-labour-laws-bill-gets-presidential-assent/article7938265.ece

 

Government aims to move five more reforms to labour laws

The government is striving to introduce five more labour reform legislations in the winter session of Parliament, including the bills to introduce a new wage and industrial relations code and amend laws governing child labour and bonus payments.

These are in addition to the amendments to the Factories Act of 1948 that the government had listed for introduction in the Lok Sabha last week, but eventually wasn’t tabled.

The only new bill to be introduced in Parliament’s lower house so far in this session is the Arbitration and Conciliation (Amendment) Bill, 2015.

Congress Vice President Rahul Gandhi said on Saturday that the Opposition party with 45 MPs in the Lok Sabha would not allow dilution of labour laws by the NDA government just as it had thwarted its attempts at changing the land acquisition law.

“If time permits, we want to at least table the Bills to introduce the Wage and Industrial Relations codes, the new law for small factories and the amendments to the Child Labour and Payment of Bonus Acts,” a senior official in the union labour and employment ministry told The Hindu.

“We may not be able to pass all these bills in the time left in this session, but if the bills have to be studied by parliamentary committees, at least that process should start once they are tabled,” the official added, stressing that the key thrust of these reforms was creating more jobs and improving the ease of doing business.

The government has officially listed the Payment of Bonus (Amendment) Bill, 2015 for consideration and passing in the Lok Sabha this week, which would be the penultimate week of the winter session.

The law is being changed to make more employees eligible for bonus and double such payments. It proposes to raise the salary ceiling for statutory bonus payments to Rs 21,000 per month from Rs 10,000 specified under the 1965 law.

The Small Factories (Regulation of Employment and Conditions of Services) Bill, for instance, seeks to make it easier for manufacturing firms to employ upto 40 workers by exempting them from compliance with six labour laws which include the Factories Act, the Industrial Disputes Act of 1947 and the Shops and Establishment Acts of respective states.

The code on wages aims to replace four different laws pertaining to salaries — the Payment of Wages Act of 1936, the Minimum Wages Act of 1948, Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976. Similarly, the code on industrial relations would substitute three different laws — the Trade Unions Act of 1926, the Industrial Disputes Act and the Industrial Employment (Standing Orders) Act of 1946.

The government has also proposed to introduce the Child Labour (Protection and Regulation) Amendment Bill, 2012 in the Rajya Sabha this week. The Bill proposes that children below fourteen years of age may only be allowed to work in their own family enterprises.

It also bars employment of children in hazardous occupations till the age of 18 years. Nobel laureate Kailash Satyarthi has, however, raised concerns about the Bill reducing the list of such occupations from 83 to just three – mining, inflammable substances and explosives and hazardous occupations as per the Factories Act.

This would leave the door open for children to be employed in sectors that are largely family-run like the carpet industry, embroidery and agriculture, Mr. Satyarthi said at a national consultation on the law in November.

Source:http://www.thehindu.com/business/Industry/government-aims-to-move-five-more-reforms-to-labour-laws/article7955265.ece

'All-India law banning religious conversions is need of the hour’

Terming that ‘induced religious conversions’ as a threat to national integrity, senior BJP leader and Virat Hindustan Sangam (VHS) national president Subramanian Swamy said it was high time that an All-India law banning religious conversions was enacted, but with an exception that ‘reconversions were not banned’.

Participating in the national convention of the VHS here on Sunday, he said: “People should vote for a Hindu-friendly party in future, if the world’s most ancient (Hindu) civilization are to withstand the onslaught of external forces. People should vote for a Hindu-friendly party in future, if the world’s most ancient (Hindu) civilization were to withstand the onslaught of external forces.”

The majority community (Hindus) must destroy the caste system and revive Sanskrit language to successfully thwart the expansionist agenda of other religions, he observed. On the occasion, Mr. Swamy recalled that the Hindu civilization was among the 46 ancient civilizations listed by the United Nations Educational, Scientific and Cultural Organization (UNESCO).

“The Hindus has never discriminated against other religions, but it has of late been facing an unprecedented threat from conversions which are highly detrimental to democracy. The whole world raises a hue and cry when something happens to Muslims and Christians, but there is no one to espouse the cause of over five lakh Kashmiri Pandits who are living in exile in their own country,” he said.

Members of the Hindu community in Malappuram district of Kerala have complained that they could not hold a public meeting for 20 years. Such was the persecution of Hindus in India. This is not acceptable, he said.

“We should ensure that the Hindu population does not fall below the 80 per cent mark but that does not mean they should produce more children,” he observed, warning that ‘a danger was lurking in the form of the New Caliphate named as the Islamic State’.

VHS leaders R. Govind Hari, Jagdish Shetty, Sudhish Rambhotla and others also spoke on the occasion.

It is high time that an All-India law banning religious conversions was enacted, but with an exception that

reconversions are not banned

- Subramanian Swamy,Virat Hindustan Sangam (VHS) national president

Source: http://www.thehindu.com/news/cities/Vijayawada/allindia-law-banning-religious-conversions-is-need-of-the-hour/article7957175.ece?

Supreme Court will ensure rule of law, says CJI Thakur

‘Country has given refuge to those fleeing persecution’.

Noting that there is a political angle to the whole religious intolerance debate, Chief Justice of India Tirath Singh Thakur sent a strong message against divisive forces, saying that India is an inclusive society where people of all faiths and religions flourish with mutual respect and the Supreme Court will ensure that the Rule of Law reigns supreme.

“When the Constitution guarantees Rule of Law to those who are not our citizens, there is no question that citizens of India, no matter of what religion or faith should feel unprotected. We (Supreme Court) have no reluctance to protect the beliefs of our fellow citizens. As long as Rule of Law prevails no one has to be afraid,” Chief Justice Thakur said during a media interaction at his residence on Sunday.

"As long as there is rule of law and independent Judiciary, I don't think anyone need to fear from anything. We should not get upset, " he said.

Chief Justice Thakur, who was sworn in as Chief Justice of India on December 3 and will have tenure till January 2017, said the spirit of India is tolerance and not intolerance.

“There is politics in the religious intolerance debate. But I am not a politician. As a part of the judicial institution, I want to remind you that this country has a history of becoming a home to those who have fled their own countries fearing religious persecution. Here these people of different faiths and beliefs have flourished. Look at the Parsi community, they have contributed so much to national progress in the fields of law, industry, etc,” Chief Justice Thakur pointed out.

When asked by The Hindu why the highest judiciary did not use its extraordinary jurisdiction powers to take suo motu cognizance of attack and murders of activists and writers like Dabholkar, Pansare and Kalburgi, Chief Justice Thakur said an order from the Supreme Court will not stop the killings.

“You think one order from the Supreme Court will stop crime? Crime has been part of human life. These are people who give in to their animal instinct to kill… What the society should learn to nurture is the spirit of tolerance, mutual respect for religions… We are committed to uphold the Constitution,” Chief Justice Thakur replied.

He said there would be zero tolerance towards “devious behaviour” or corruption within the judiciary and appropriate action would be taken if complaints received are found to be genuine on scrutiny.

On the issue of rising judicial vacancies in the High Courts and the Supreme Court, Chief Justice Thakur said he would prefer to wait till the five-judge Constitution Bench led by Justice J.S. Khehar finalise and pronounce the guidelines for the Collegium.

“It should not be the case that the Collegium makes appointments of judges first and later discovers that the appointment made were not in consonance with the Constitution Bench’s guidelines. It is better to avoid such confusion and wait till the Constitution Bench pronounces the verdict on the Collegium. It is also not proper for us to make fresh appointments when a Constitution Bench has already reserved the case for judgment,” Chief Justice Thakur made his position clear.

He however said filling up the current 400 judicial vacancies would be a “big challenge” in this year. He said a proposal to increase the retirement age of High Court judges from 62 to 65 is pending and would require an amendment in the law. He said retired judges who are good can also be appointed as ad hoc judges

Citing his criteria in making judicial appointments, CJI Thakur said “we may have more women judges”. He said there should be a balance between regional representation and merit while appointing judges.

On post-retirement jobs for judges, Chief Justice Thakur said “if you don’t need judges anywhere in any jobs, change the law. If you can find a substitute in a politician or a bureaucrat, change the law. If judges are of no use to you, change the law.”

Asked whether he considered death penalty to be a civilized method of punishment of crime, Chief Justice Thakur agreed that there is a strong feeling against courts awarding death penalty even in the rarest of rare cases.

“But as long as the statute allows it, we have no choice. The parliament has to change the law. I believe that there are certain offences, terrorism and heinous crimes, for which a court finds the accused guilty, the only punishment is death ,” the Chief Justice of India said.

Concerning the release of the juvenile accused in the Nirbhaya gang-rape case, Chief Justice Thakur said amendments to the Juvenile Justice Act is before the parliament and the Supreme Court has kept aside similar cases of juveniles accused of heinous crimes to wait for the final word from the law makers. 

Sources: http://www.thehindu.com/news/national/cji-tirath-singh-thakur-talks-about-intolerance-debate-in-india/article7954906.ece

Profile of Hon'ble Mr. Justice T.S. Thakur

Sitting Hon'ble Judges

Hon'ble Mr. Justice T.S. Thakur (DoB 04.01.1952)
Term of Office: 17.11.2009 to 03.01.2017

CHIEF JUSTICE OF INDIA

Appointed as The Chief Justice of India on 03.12.2015.

PROFILE

• Born on 04th January, 1952. He was enrolled as a Pleader in October, 1972 and joined the Chamber of his father Late Shri D.D. Thakur, a leading Advocate and later, a Judge of High Court of J & K. He practised in Civil, Criminal, Constitutional, Taxation and Service matters in the High Court of Jammu & Kashmir. Was designated as a Senior Advocate in the year 1990.
• Was appointed as an Additional Judge of the High Court of J & K on 16th February, 1994 and transferred as Judge of the High Court of Karnataka in March, 1994.
• He was appointed as a permanent Judge in September, 1995. Was transferred as a Judge of the High Court of Delhi in July 2004.
• Was appointed as Acting Chief Justice of Delhi High Court on 09.04.2008 and took over as Chief Justice of the High Court of Punjab and Haryana on August 11, 2008.
• Elevated as Judge of Supreme Court and assumed charge on 17.11.2009.
• Appointed as The Chief Justice of India on 03.12.2015.

• Due to retire on 4th January, 2017 (F/N).

Justice T.S.Thakur sworn in as 43rd CJI

• Justice T.S. Thakur being sworn-in as 43rd Chief Justice of India by President Pranab Mukherjee at Rashtrapati Bhawan, in New Delhi on Thursday. Photo: V. Sudershan
• 
  The Hindu Justice: Tirath Singh Thakur.

63-year old Justice Thakur took over from incumbent Justice H L Dattu who retired on Wednesday.

Justice Tirath Singh Thakur was on Thursday sworn in as 43rd Chief Justice of India by President Pranab Mukherjee at an elegant function in Rashtrapati Bhavan.

The senior-most judge of the apex court, 63-year old Justice Thakur took over from incumbent Justice H L Dattu who retired on Wednesday.

As a Supreme Court judge, he headed the bench which had delivered the verdict to reform cricket controlling body BCCI in the wake of allegations of betting and spot-fixing scandal in the Indian Premier League.

Justice Thakur also headed the bench which ordered probe into the multi-crore chit fund scam in eastern India, also known as Saradha scam.

He has also heard the multi-crore rupee NRHM scam, in which ex-UP minister Babu Singh Kushwaha is also an accused, besides other politicians and bureaucrats.

Born on January 4, 1952, he would have the tenure as CJI for a little over one year and would retire on January 4, 2017.

Son of former Deputy Chief Minister of Jammu and Kashmir Devi Das Thakur, a well known jurist and judge of the Jammu and Kashmir High Court, Justice Thakur enrolled as a Pleader in October, 1972 and joined the Chamber of his father.

He was designated as a senior advocate in 1990. On February 16, 1994, he was appointed as an additional judge of the Jammu and Kashmir High Court and transferred as a judge of the Karnataka High Court in March 1994.

He was appointed as a permanent judge in September 1995 and transferred to the Delhi High Court in July 2004.

Justice Thakur was appointed as acting Chief Justice of the Delhi High Court on April 9, 2008 and on August 11, 2008, he took over as Chief Justice of the Punjab and Haryana High Court.

He was elevated as a judge of the Supreme Court and assumed charge on November 17, 2009.

Source: http://www.thehindu.com/news/national/justice-tsthakur-sworn-in-as-43rd-chief-justice-of-india/article7944506.ece?css=print

CIC offers apology on Priyanka’s contempt petition

The Himachal Pradesh High Court on Friday closed the contempt proceedings against the state Chief Information Commissioner and the Information Commissioner on a petition filed by Priyanka Gandhi following an unconditional apology tendered by them.

The Division Bench, comprising Justice Tarlok Singh Chauhan and Justice P.S. Rana passed the orders on the writ petition filed by Priyanka Gandhi relating to their order on summoning records of land purchased by her at Chharabra, 14km from Shimla.

Issuing the contempt notice on the petition of Priyanka Gandhi Vadra on September 11 last, the Division Bench had also directed both the respondents Bhim Sen, the state Chief Election Commissioner and Information Commissioner Kali Dass Batish to appear in person.

Ms Vadra had alleged that despite the stay order passed by the High Court in her writ petition, the Information Commission proceeded with the matter and had summoned the records relating to the land purchased by her.

The Information Commission had on July 23 rapped government officials, including Deputy Commissioner Dinesh Malhotra, and summoned them for not providing the desired information.

On the other hand, the respondent state had filed a reply to the writ petition of Pryinka Gandhi which was taken on record by the court.

RTI Applicant Dev Ashish Bhattacharaya, who is also one of the respondents, had filed an application seeking permission to bring some additional documents on record.

The Court directed the respondents to file reply to the said application, if any, within three weeks. - PTI

Medico-legal terms dictionary launched

Former Chief Justice of India Altamas Kabir (left) with the Chief Justice of Calcutta High Court Manjula Chellur during the book launch in Kolkata on Saturday.- Photo: PTI

A unique dictionary of medico-legal terms, Medico-Legal Dictionary and Jurisprudence, was launched by the Chief Justice of the Calcutta High Court Manjula Chellur here on Saturday.

The book consists not only of etymological meaning of medical and legal terms but also provides elaborate legal analysis of the terms.

Authored by senior advocate of the Calcutta High Court Tapash Gan Choudhury, the dictionary also provides analyses of the application of these terms from a medical perceptive.

Justice Chellur said that medical jurisprudence played a key role in the administration of justice and pointed out that the book would provide “valuable assistance” to the court in this regard.

Justice Chellur also said that with the advancement of medical science, medical jurisprudence was no longer limited to criminal cases as it gained significance in civil cases also.

“The role of medical jurisprudence has now extended to civil cases such as those regarding the legal heir where processes like DNA tests come into play,” said Justice Chellur. Emphasising the need for wider and more in depth understanding of medical jurisprudence, she pointed out that there were still “grey areas” concerning to what extent the court can “place reliance” on technologies such as brain mapping and lie detection.

Sources: http://www.thehindu.com/todays-paper/tp-national/medicolegal-terms-dictionary-launched/article7928434.ece?css=print

Law Minister wins case in SC as a litigant

Union Law Minister D.V. Sadananda Gowda.

In a legal victory for Union Law Minister D.V. Sadananda Gowda, the Supreme Court on Friday gave him a clean chit in a building law violation case and declared that the Karnataka politician had never abused his power to “arm-twist” local authorities to turning a blind eye.

The Law Minister turned a litigant when he approached the Supreme Court against a Karnataka High Court order directing the Bangalore Development Authority (BDA) to take back adjacent plots allotted to him and BJP MLA D.N. Jeevaraj for illegally constructing a “multi-storey” building on them.

In a judgment, a Bench of Justices Madan B. Lokur and S.A. Bobde criticised the High Court for assuming the role of a statutory authority.

The judgment dismissed contentions raised against Mr. Gowda that he had exercised his influence as the Chief Minister of Karnataka to bully the Bruhat Bangalore Mahanagara Palike (BBMP) and construct the building contrary to the sanctioned plan.

“Insofar as the present case is concerned, in spite of the clout that Mr. Sadananda Gowda may have wielded in Karnataka, his actions relating to the construction of the building on his plot of land do not suggest any abuse,” the judgment said and cleared Mr. Gowda’s name.

The judgment further noted that the PIL petition was filed in the Karnataka High Court against Mr. Gowda on the very day he was appointed Chief Minister on August 4, 2011.

Mr. Gowda and Mr. Jeevaraj had moved the Supreme Court after the High Court in 2012 ruled against them on the writ petition filed by Nagalaxmi Bai for a declaration that the building being constructed on the allotted plots at HSR Layout in Bangalore were in violation of the lease-cum-sale agreement Mr. Gowda entered into with the BDA.

The agreement had barred the allottees from either sub-dividing the plots or constructing commercial buildings on them.

Sources: http://www.thehindu.com/news/national/law-minister-wins-case-as-a-litigant/article7924597.ece?css=print

Court comes to rescue of 83-year-old pensioner

The Madras High Court Bench here has come to the rescue of an 83-year-old pensioner by restraining Assistant Treasury Officer at Peraiyur near here from deducting Rs.1,000 from the octogenarian’s monthly pension for recovering Rs.2.08 lakh reportedly paid in excess.

No notice

Justice D. Hariparanthaman stayed the operation of an order passed by the Assistant Treasury Office on October 15 after the writ petitioner N. Rajagopal claimed that the order was passed without notice to him and after deducting Rs.1,000 from the pension amount paid to him in the month of October.

The petitioner’s counsel RM. Arun Swaminathan pointed out that his client was born on August 15, 1932 and he had served as a Post Graduate Assistant Teacher at Gandhi Niketan Higher Secondary School in T. Kallupatti near here before his retirement from service on superannuation on August 31, 1990.

He had been in receipt of monthly pension since his retirement and the amount was also revised periodically as per the norms.

Sudden reduction

Though he was receiving Rs.22,796 till September this year, the amount was suddenly reduced by Rs.1,000 in the month of October forcing the petitioner to make enquiries.

It was only after a clarification was sought from the Assistant Treasury Officer that the order under challenge was passed stating that it had been decided to recover Rs.2.08 lakh from his pension, he claimed and assailed the correctness of the order on many grounds including violation of natural justice.

“I did not commit any wrong or misrepresentation or fraud but the respondents have issued the order without informing me. I have already crossed 83 years and depending only on my pension amount… Now, there is no alternative remedy except approaching this court,” the petitioner said in his affidavit.

Sources: http://www.thehindu.com/news/cities/Madurai/high-court-comes-to-rescue-of-83yearold-pensioner/article7926369.ece?css=print

Court dismisses plea to ban ‘Bajirao-Mastani’

A local court has quashed a petition seeking a ban on producer-director Sanjay Leela Bhansali’s historical film Bajirao Mastani.

Following a raging online campaign by a descendant of Peshwa Bajirao, a city resident earlier this week filed the plea seeking an injunction on the release of the film under Section 91 of the Civil Procedure Code (CPC), claiming that the film-makers had distorted history.

Contention

The film, scheduled for release on December 18, would affect the sentiments of the people, the petitioner has said.

Dismissing the plea, Judge S.S. Gulhane said the plaintiff could approach an ‘appropriate’ authority such as the Censor Board which had the right to decide on “obscenity, vulgarity or alleged distortion of facts” in feature films.

‘Not a public nuisance’

The court observed that the production of a film could not be termed ‘a public nuisance’ on grounds that it was affecting the sentiments of a particular class.

“It is the Censor Board’s duty in its capacity as a government-appointed agency, to check ‘hazardous’ elements in a film. Since this movie has already been passed by the Board, the applicants, in this case, can only approach the authority concerned with any grievances about the film. The suit is not maintainable under Section 9 of the CPC, hence, the application is rejected.”

Case against Bhansali, cast

Firoze Mohammad Shaikh filed the case against Mr. Bhansali and cast members, Priyanka and Deepika, who essay the roles of Kashibai, the Peshwa’s first wife and that of Mastani respectively.

The petition took strong objection to the song ‘Pingaa’ alleging that it incorrectly portrayed the characters of Kashibai and Mastani and was offensive to Marathi women and culture.

Judge says plaintiff could approach an ‘appropriate’ authority such as the Censor Board

Sources: http://www.thehindu.com/todays-paper/tp-national/court-dismisses-plea-to-ban-bajiraomastani/article7925375.ece?css=print