Mahesh Manjrekar, film producers get interim relief from Bombay High Court
8:47 AM
Posted by Fenil Seta
Rosy Sequeira (THE TIMES OF INDIA; March 2, 2022)
Mumbai: The Bombay High Court on Tuesday directed the police not to take coercive steps for three weeks against director Mahesh Manjrekar and two producers in a case filed under the Protection of Children from Sexual Offences (POSCO) Act for “sexually explicit content” involving minors in the trailer of his latest Marathi film.
The interim relief was given by Justices Prasanna Varale and Surendra Tavade on two petitions by Manjrekar and Narendra and Shreyansh Hirawat to quash the February 24 FIR lodged by Mahim police on the order of a Pocso court, where an NGO had filed a complaint about the trailer of ‘Nay Varan Bhat Loncha Kon Nay Koncha’.
Senior advocate Shirish Gupte, for Manjrekar, argued that the special court’s order was passed without application of mind. He said the trailer, based on which the complaint is lodged, was withdrawn and the film was released with an ‘A’ certificate from the censor board. The film does not contain any pornography or any such scene involving a child that will come under the purview of the Pocso Act. “How is it applicable in creation of art? There are rape scenes in films. Every artist should be prosecuted for rape?’’ Gupte asked.
Senior advocate Aabad Ponda, representing the Hirawats, said the police must follow the SC’s direction that if an offence attracts less than 7 years’ jail, a notice under section 41A of the CrPC should be served to the accused instead of arrest. Shreyansh was given notice under section 160 (police officer’s power to require attendance of witnesses) of CrPC. “I have been summoned. I can be picked up. I am willing to cooperate,’’ said Ponda and, along with Gupte, urged for interim protection. Advocate Ashish Chavan, for the complainant, said the trailer contained “simulated sexual activity with minors” and was not certified by the censor board.
The judges noted that the complaint said there were 10,000 downloads of the trailer before it was deleted. “Downloading is not permitted by producers and director,’’ said Justice Varale, adding they “cannot tell each of them to delete it”.
The judges said a case has been made out for interim order. “State is directed not to take any coercive step/action till the next date.”
This entry was posted on October 4, 2009 at 12:14 pm, and is filed under
Bollywood News,
Bombay High Court,
Mahesh Manjrekar,
Nay Varan Bhat Loncha Kon Nay Koncha
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