Rachana Dubey (BOMBAY TIMES; April 29, 2019)

On Friday (April 26), the Supreme Court (SC) dismissed a petition, which challenged the Election Commission’s (EC) order stalling the screening of the biopic on Prime Minister Narendra Modi till the end of the Lok Sabha elections. The following day (April 27), the makers of PM Narendra Modi, starring Vivek Anand Oberoi, through their counsel Shashank Garg, wrote to the EC seeking certain clarifications.

In their letter, which was received by the EC on the same day, the makers’ advocate has stated, “We understand that the present movie cannot be exhibited in the areas where polls are being conducted and MCC (Model Code of Conduct) is in operation. In other words, the aforementioned order (reference to a previous order temporarily restraining the release of the film) would extend only to those constituencies where MCC is still in operation. By April 29, 2019, the Phase IV of the Lok Sabha elections will be over and as many as 373 constituencies out of 543 will not have operation of the MCC. In the light of this, we wish to seek express clarification in this regard from your good office as we intend to promote the said feature film in the areas which are no more affected by the MCC after end of polling time on April 29, 2019. You are requested to clarify the same without any delay so that the continuing losses being suffered by the producers of the movie can be mitigated to some extent.”

Advocate Garg, while talking to BT, said, “We have submitted our letter and now are hoping for a speedy response. In simple words, we need to resume promotions of the film, which have come to a grinding halt for the last two weeks or so. Even the promotional material has been withdrawn. My clients wish to start their promotions, which can help them when we zero in on a release date, post elections. With this letter, we are not violating any orders of the Supreme Court or the EC. We just seek clarity, which is needed right now, as the producers are suffering losses everyday.”

To jog your memory, on April 15, producer Sandip Ssingh and his partners had moved Supreme Court after the EC had stalled the release of PM Narendra Modi, less than 24 hours before its scheduled release date (April 11). The SC heard the matter on April 15 and directed the EC to watch the film and submit its report on April 22 in a sealed cover. The EC officials watched the film on April 17 and in their report stated that releasing the film in the midst of the General Elections could go against the MCC. The EC’s 20-page submission to the SC reportedly stated that the biopic is a hagiography, which treats this subject with undue reverence, and its public screening during poll campaign can tilt the electoral balance. On April 26, the SC refused to revoke the EC’s decision to stall the film’s release till the Lok Sabha polls are over. 

Bharati Dubey (MID-DAY; July 1, 2017)

Sunny Deol-starrer Mohalla Assi is engulfed in a long-drawn battle against the Film Certification Appellate Tribunal (FCAT). After the CBFC denied certification for the public screening of the film, the team knocked on the doors of the Tribunal in November last year. However, the FCAT ordered the makers to delete a few scenes, after which it would review the movie. The makers moved the Delhi High Court against the FCAT verdict on the film in December last year. While the film has already had 12 hearings, the makers say they will fight this battle to the finish.

The team’s main grouse is that they were caught unaware by the Tribunal’s volte-face regarding certain scenes. Director Dr Chandraprakash Dwivedi tells mid-day, “We were told orally by the Tribunal that they would clear the film, provided we put a strong disclaimer. However, when we received the letter from them, it stated that we have to cut six to seven scenes. We were asked to resubmit after deletion of the said scenes.’’

Reiterating the thought, lawyer Shashank Garg, who is representing the makers in court, says, “Initially, we were told that FCAT is considering adding a strong disclaimer; we had unconditionally agreed to that. The FCAT verdict that followed was very surprising as we were not given a chance to argue about the cuts that they ordered later. There was no application of mind in the FCAT order.”

Garg is hopeful that the next hearing, scheduled for July 7, will be in their favour. “Despite 12 hearings, the HC has heard the arguments only partially. The judge has already seen the movie. We hope the matter will be heard properly.”