Madras High Court Dismisses Plea to Ban 'Dhurandhar 2' During Tamil Nadu Elections
In a significant ruling, the Madras High Court on Friday declined to impose a ban on the screening of the film 'Dhurandhar 2' in Tamil Nadu until the upcoming Assembly elections are concluded. The decision came in response to a petition filed by advocate Sheela, who argued that the movie contains political content that allegedly favors the Bharatiya Janata Party (BJP), thereby violating the model code of conduct (MCC).
Petitioner's Arguments and Court's Observations
Advocate Sheela contended that the film's content could disrupt the level playing field mandated by the MCC, which prohibits any material that advantages a particular political party. She emphasized that such content impacts the purity of the election process and asserted that it is the Election Commission's duty to ensure free and fair elections. However, the first bench, comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan, rejected these claims.
The bench noted that the petition failed to specify which particular scenes or dialogues in 'Dhurandhar 2' were biased towards any political party. "There was nothing in the petition pointing out which content in the film favoured a political party," the judges observed, highlighting a lack of concrete evidence to support the allegations.
CBFC Certification and Judicial Restraint
Further strengthening their stance, the court pointed out that the Central Board of Film Certification (CBFC) had already granted a certificate for the film's screening. "CBFC is a statutory body. Once the body has issued a certificate for screening, we cannot interfere unless it is challenged," the bench stated. They clarified that since the CBFC certificate is not under legal challenge in this case, the court cannot prohibit the film's release based on unsubstantiated claims.
The judges added, "Unless the certificate is set aside, screening of the film cannot be prohibited," underscoring the principle of judicial restraint in matters where statutory authorities have already exercised their mandate. This ruling reinforces the autonomy of the CBFC in film certification processes and limits judicial intervention to instances where certifications are formally contested.
Implications for Election Integrity and Media Freedom
This case touches on broader issues of election integrity and media freedom in India. While the model code of conduct aims to prevent unfair advantages during elections, the court's decision suggests that mere allegations without specific proof are insufficient to curb artistic expression. The ruling may set a precedent for future cases involving political content in films during election periods, balancing regulatory oversight with creative liberties.
As Tamil Nadu prepares for its Assembly elections, this judgment highlights the challenges in enforcing the MCC against multimedia content and the importance of evidence-based legal arguments in such disputes.
