KES Law College National Fest ASTRAEA 2018

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1 KES Law College National Fest ASTRAEA 2018 MOOT PROPOSITION 1 Lajwanti Devi was the courageous wife of King Rajan Shing Vajwadi of Vajputani land. She was a beautiful princess of the Shreeghal Kingdom and Prodigious legendary Vajwadi Queen between 13 th 14 th Century. The Sultan of Dilaspur, Mohammad Qhalji heard about her exquisiteness and had a desire to marry her. And therefore, Mohammad Qhalji laid siege to Vajputani land to obtain and conquer it. During the course of battle Rajan Shing failed to succeed and safeguard the Vajputani land from the Mohammad Qhalji. Before Mohammad Qhalji could capture Vajputani land, the Vajput men died fighting on the battlefield. In order to protect the honour of Vajput women Lajwanti Devi and her female companions later committed Jauhar (selfimmolation) in order to get away from the clutches of Mohammad Qhalji. Several subsequent adaptations of the legendary character of Lajwanti Devi as a Hindu Vajput Queen, who defended her honour against a Muslim invader, were made. Over the years, Lajwanti Devi is seen as a historical and religious figure, and her persona was depicted and adopted in form of several novels, plays, television serials and movies. In 2016, Mr. Bhandari, Professional Film Producer and Director wished to broadcast and make a film/movie based on the life of Legendry Vajputani Queen Lajwanti Devi, as a tribute to her and to promote the Vajputani cultural ethics. He made this film on the basis of the historical evidence. He gathered information from books, memories and stories as told and believed by the local people of the Vajputani land. Accordingly, Mr. Bhandari casted Ms. Nilima, the famous actress, to personify and perform the leading character of Lajwanti Devi. Mr. Rajiv and Mr. Gaurav, both actors, 1 Laws of Republic of India are applicable.

2 were also casted to personify and play the characters of King Rajan Shing and Sultan Mohammad Qhalji respectively along with other supporting artists. After the completion of making the movie and spending huge money which he had borrowed from different financial sources in its making, Mr. Bhandri titled the movie as Honour of Lajwanti and thereafter made an application dated 16 th August, 2017 under the provision of The Cinematograph Act, 1952 to get the approval from Central Board of Film Certification (CBFC) and paid the necessary fees. However when the said Application was pending the title song Jhummar re for the movie was somehow leaked out on the social media. The film is in news for all wrong reasons since its inception. Initially Film was scheduled for its release on 1 st September 2017 but due to the protest made by the people from several region, the film's release is delayed indefinitely. Till 3 rd October 2017 the approval from Central Board of Film Certification was pending. The makers of the movie did not get a clearance from the CBFC, which said the application from the makers was incomplete. The Censor Board Chief Ojha told the panel that the censor board was yet to take a decision about the movie as it would be shown to regional and central screening committees. He also appeared before the Parliamentary Committee on Petitions to brief its members about the controversy. Ojha told the panel that the film had not yet been approved and the Board only cleared the trailer and promos of the period film. A new release date would be announced once the requisite clearances are in place. Soon after floating of the title song in the social media the Vajputani Samaj and Sangh made the numerous objections and claimed nationwide ban on release and broadcast of the film and serious allegation were made against Mr. Bhandari. Many groups along with Vajputani Samaj and Sangh have been protesting, vandalizing and indulging in violent protests against the Film on the grounds that it depicts false image of Lajwanti Devi and Vajputani Culture and defaming the socials sentiments. While

3 some political outfits have demanded that its release be deferred in view of the Bujarat Assembly elections. On 20 th September 2017, the official trailer and title song of the movie was released after getting clearance from the Board for the promotional purpose, another objection raised was against the title song Jhummar re. The fringe groups had objected the song by asking how a queen can be shown dancing in front of the people and questioned on Nilima s dance steps and dressing style which according to them is obscene. They further alleged that Bhandari has misinterpreted and wrecked historical facts. The samaj gave threats and placed a 10 crore reward on the heads of the director and actors. Khandel, politician and ruling state party member, made a Friendsbook post announcing a reward for anyone who attacks the director with a shoe. The opposition PIC condemned the post, demanding action be taken against Khandel for attempting to instigate an attack. BPS, another caste organization, made death threats against Bhandari, putting a 5 crore reward on their heads. Consequently police protection was given to Mr. Bhandari and other three actors. In September, 2017 The High Court asked when the matter was pending for consideration before CBFC, how could persons in public authority and others can comment and act on whether the censor board should issue certificate or not. The Supreme Court took strong exception to statements made by people holding high offices against the film. It also dismissed various petition seeking an order to restrain the film producers from releasing the movie abroad. A bench headed by Chief Justice stated that such statements against the film were equivalent to prejudging the movie, which has yet to get the censor board s clearance. It also raised exception against people holding official positions making prejudicial comments about the movie, saying these breached the principle of rule of law. A special screening of the movie was organized for the journalists and as per their reviews; all the allegations by the Vajputani Samaj and Sangh are false and baseless. According to the review given by TNN-News, there is nothing against

4 Vajvants in the movie. In fact, every single frame in this movie is a cinematic tribute and pride to the Vajvants and Rani Lajwanti Devi. Sources told IANS that movie was screened for a few selected journalists even before it was cleared by the censor board. Among those who watched the film were senior journalists Abhay and Sharma who have the same opinion about the movie. Abhay, while speaking at his prime-time show said that the movie is the greatest tribute to Rani Lajwanti Devi. He said that every scene of this film is a cinematic tribute to Rani Lajwanti Devi. He went on to add that when the movie will be released, Vajputani Samaj and Sangh will appear like idiots. On the other hand, Sharma said that not even a single scene of this movie is against the pride of Vajvants. In his show, he claimed that after watching the movie, no one can say there is anything against the sentiments of Vajvants. Media critic Kumari says it is important to support filmmakers right to creative expression. The protestors have neither watched any clippings nor read the Lajwanti Devi script, yet they stormed the set, vandalized equipment and roughed up the filmmaker. While Bhandari s harassment is front-page news, the government is yet to acknowledge it. Silence is being interpreted by many as tacit approval, given that such attacks have gained momentum since the present government took office in Chief Minister of the State in her letter requested Minister of Information and Broadcasting to hold the release until some changes are made to the film so that it does not hurt the sentiments of any community. Whereby Minister of Information and Broadcasting suggested that a committee should be formed in order to discuss the film and its plot. In August, 2017 CBFC constituted Examining Committee consisting Advisory panels of journalists, political activists, Media scholars and Professors to examine the film and to submit the report subsequently. In the meantime due to the controversy and agony in society and political parties, six states announced that they will not

5 release the film on ground that the film is causing and hurting cultural sentiments. Further the Vajputani Samaj and Sangh frequently any strongly claimed that the movie should be shown to the erstwhile Royal Family of Vajputani, and if they found nothing objectionable, the protests would be withdrawn. Whereby in September CBFC before the clearance directed to cut certain scenes from the film which was later accordingly edited and reserved by the producer. The British Board of Film Classification (BBFC) passed the film with a (12A) rating and zero cuts. Following this, a Vajputani Samaj and Sangh leader went on Republic TV and threatened to burn down British theatres that screened the film. The BBFC responded to the state Association's query and quantified that freedom of choice must be respected and that filmmakers are free to express narratives based on historical events and to interpret them as they wish. They also stated that there was nothing in the film that was unacceptable under the 12A category. However, the director and people associated with the film have time and again clarified that the film doesn't distort history. All the controversy over the film is based on rumors. They have not distorted facts. The film is based on a historical evidence and epic poem Lajwant in the 16 th Century by Sufi poet Malik Aftab Pathan. Mr. Bhandari further stated, We don't intend to hurt anyone s sentiments. On October, 2017 CBFC rejected the application and refused to grant a certificate on ground of public anguish and hurting religious/ social sentiments and cultural believes. Accordingly on 4 th November 2017, Mr. Bhandari challenged the said refusal to grant a certificate under the provision of The Cinematograph Act, After making inquiry and hearing the both the parties Appellate Tribunal by the order dated 28 th January 2018 allowed and directed the CBFC not to grant a certificate for the film Honour of Lajwanti and accordingly 16 th February 2018 was fixed as the date of release. However later due to nationwide distress and serious violent demonstration caused by the date fixed for the released and grant of certificate the Central Government by the virtue of power reserved under The Cinematograph Act, 1952 has suspended and revoked the order dated 28 th January 2018.

6 On 7 th February 2018, being aggrieved form the suspension and revocation for the grant of certificate powered by the Central Government. Mr. Bhandari challenged and filed the petition under provision of Article 32 of the Constitution. ISSUES 2 :- 1. Whether the petition is maintainable? 2. Whether provisions of the Cinematography Act, 1952 have been violated? 3. Whether there is infringement of the fundamental rights guaranteed by Constitution of India, if any? 4. Whether suspension powered on the movie is justified? 2 Participants have liberty to frame additional issues, if any.

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