SC Stays 'Hamare Baarah' Release, Citing Religious Sensitivity and Questions Film's Content Integrity

SC Stays ‘Hamare Baarah’ Release, Citing Religious Sensitivity and Questions Film’s Content Integrity

By- Ganesh Vajrapu, Alliance University.

The Supreme Court has stayed the release of Annu Kapoor’s film ‘Hamare Baarah’ a day before it was slated to hit theatres, citing concerns over the film’s content. This decision has sparked public debate, especially since the same Court, in 2014, declined to intervene in the release of Aamir Khan’s film ‘PK’. At that time, the apex court had dismissed the plea by stating, “If you don’t like it, don’t watch the film but don’t bring religious facets into it,” emphasizing the distinction between matters of art and entertainment[1].

In contrast, the Court has now stayed the release of ‘Hamare Baarah’ until the Bombay High Court hears the merits of a plea alleging that the film is derogatory to Islam and married Muslim women. The Supreme Court has directed the Bombay High Court to expedite its decision on the matter, following an appeal against its earlier refusal to halt the release at the last moment. The Supreme Court also dismissed claims that the objectionable scenes had been removed from the promotional teaser, as ordered by the Bombay High Court. “We saw the teaser today morning and all the scenes are there,” the Court observed, adding, “If the teaser is so offensive, then what about the whole movie… Prima facie, it seems you have failed, since you yourself deleted the scenes from the teaser.”

Earlier, the Bombay High Court had refused to stay the release of ‘Hamare Baarah’, highlighting the potential financial losses to the filmmaker from such a last-minute decision. A division bench of Justices Kamal Khata and Rajesh Patil stated, “One individual in a country of 130 crore citizens cannot bring such a petition which can stall a film release, without guaranteeing costs incurred by the filmmakers[2].”
The Court also noted the impracticality of expecting comprehensive hearings on petitions filed right before a film’s release. Advocate Rahu Narichania, representing the film producers, argued that two cuts had been made to address the petitioner’s concerns about objectionable dialogue, and a fresh certificate for release was expected by late Friday. Advocate Advait Sethna, representing the Central Board of Film Certification (CBFC), confirmed this update. Originally scheduled for release on Friday, the film’s unveiling faced an attempted stall due to the last-minute petition seeking a stay[3].