The Supreme Court on Thursday made it clear that the Netflix film earlier titled “Ghooskhor Pandat” will not be permitted to be released unless its makers place on record, by way of an affidavit, the new title — and ensure that it does not denigrate any section of society.
“Freedom of expression is one thing. That doesn’t give licence to denigrate anybody,” observed the court, warning that if the fresh name is likely to target or demean a particular class or community, the release will not be allowed.
The bench of justices BV Nagarathna and Ujjal Bhuyan was hearing a public interest petition filed by Atul Mishra, who objected to the title on the ground that it defamed and stereotyped the Brahmin community. At the outset, the bench sought clarity from the producers. “What is the name of the film now?” the court asked.
The counsel for filmmaker Neeraj Pandey submitted that the earlier title had been withdrawn but a final decision on the new name had not yet been taken. “We have not been able to decide the new title. We can assure that it will be such that there will not be any conflict,” the counsel said.
The court was not inclined to leave the matter at an oral assurance. “You make a submission that you will not have this title. We are fully respecting 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 basic principles of the Constitution,” the bench retorted.
Emphasising that fraternity is a constitutional value, the bench questioned the need to adopt a title that could deepen existing social fissures.
“Why can’t there be restraint when you try to make this kind of division when there are already fissures in society? Why should you denigrate anybody? Why should you denigrate a section of society by this kind of title?” the court asked.
In a pointed remark, the bench added, “Being woke is one thing. But denigrating the public and creating this kind of unrest…you are adding to the unrest.”
It went on to remind the film industry and media of their responsibilities. “We thought filmmakers, journalists, etc, are responsible people. You tell us the new name, otherwise we will not permit release of this film.”
The film, starring Manoj Bajpayee and directed by Neeraj Pandey, is described by the makers as a fictional, reformative police drama slated for streaming on Netflix.
The counsel for the producer stressed that the movie has not yet been released and that the controversial title had already been withdrawn. “The film is reformative, fictional police drama,” counsel submitted.
However, the bench questioned why such terminology was necessary even in a fictional narrative. “In fictional police drama why do you bring all this? Look at the unrest,” the court remarked.
The petitioner’s counsel argued that merely changing the title might not suffice, contending that the underlying narrative equated religious offerings with bribery. “They are saying ‘ghoos’ to ‘dakshina’. When we go to temple and offer money to pujari, they are saying it is ghoos. The narrative may be changed,” he submitted.
The bench observed that the film appeared to centre around a police officer. “There is no pandit or pujari in that film,” the court said at one point, noting that it “deals with some police officer.” Counsel for the producer maintained that while there is a character, the title has already been withdrawn and will be replaced.
At the same time, the court signalled that it did not intend to let the issue spiral. When the lawyer for the petitioner indicated that the script could be furnished, the bench responded: “Now don’t make too much of it. There are other issues also. So many communities are being targeted.”
It advised the parties not to create unnecessary controversy. “Till then don’t create any ‘halla gulla’ about this matter. Don’t make a mountain out of a molehill,” the court said.