D Supreme Court On Thursday it clarified that the upcoming Netflix film, previously titled ‘Ghuskhor Panda’, will not be released unless the filmmakers file an affidavit indicating the new title and ensure that it does not offend any section of the society.
A group of people staged a protest over the title of the upcoming film ‘Ghushkhor Pandat’ in Kanpur, Feb 7 (PTI).”Freedom of expression is one thing. It does not give license to denigrate anyone,” observed a bench of Justices BV Nagarathna and Ujjal Bhuiyan, warning that release of the film would not be allowed if the new name was likely to target or insult a particular class or community.
The bench was hearing a PIL filed by Atul Mishra, who objected to the title saying it defamed and stereotyped the Brahmin community. At the outset, the bench sought clarity from the producers.
“What’s the name of the picture now?” asked the court.
A lawyer for producer-director Neeraj Pandey of the Manoj Vajpayee-starrer said the earlier title has been withdrawn, but a new name has not yet been decided. “We have not decided on the new title. We can assure that it will be such that there will be no dispute,” the counsel said.
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The court was not inclined to leave the matter to oral assurances. “You have made a submission that you will not have this title. We fully respect the right under Article 19(1)(a). But there are certain restrictions. We want to include the aspect of fraternity. It is one of the fundamental principles of the Constitution,” the bench replied.
Emphasizing that fraternity is a constitutional value, the bench questioned the need to adopt a title that could deepen existing social rifts.
“When the society is rife, why not exercise restraint in trying to divide like this? Why humiliate someone? Why humiliate a section of society with such epithets?” asked the court.
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The bench added, “Arousal is one thing. But denigrating the public and creating such unrest… you are raising unrest.”
The court reminded the film industry and the media of their respective responsibilities. “We thought filmmakers, journalists etc. are responsible people. Please tell us the new name or we will not release this film.”
The film is described by the makers as a fictional, reformed police drama for streaming on Netflix.
The filmmaker’s lawyer characterized the movie as a reformed, fictional police drama and said the earlier title gave rise to unintended interpretations that were inconsistent with the film’s content.
However, the bench questioned the need for such terminology even in a fictional narrative. The court commented, “In a fictional police drama, why are you bringing this up? Look at the unrest.”
The petitioner’s counsel argued that merely changing the title may not be sufficient, arguing that the implied description equates to a religious offering with a bribe. “They call ‘Ghus’ as ‘Dakshina’. When we go to temples and give money to pujaris, they say it is Ghus. The narrative may change,” he submitted.
The bench, however, said that the film was seen centered on a police officer. “There is no pandit or pujari in that film,” the court said at one point, adding that it “deals with some police officers.”
At the same time, the court indicated that it did not intend to allow the issue to be extended.
When counsel for the petitioner indicated that the script could be given, the bench responded: “Don’t make too much of it now. There are other issues too. Many communities are being targeted.”
It advised the parties not to create unnecessary controversy. “Till then, don’t make any ‘halla gulla’ about it, don’t make a hill out of a molehill,” the court said.
