New Delhi, February 12 Observing that a section of society cannot be denigrated in the name of freedom of expression, the Supreme Court on Thursday reprimanded filmmaker Neeraj Pandey over the title of his movie, 'Ghooskhor Pandat'.
The top court was hearing a plea seeking a stay on the release of the Manoj Bajpayee-starrer film on the OTT platform, Netflix.
A bench of Justices B V Nagarathna and Ujjal Bhuyan issued notices to the Ministry of Information and Broadcasting, the Central Board of Film Certification, and Pandey on the plea against the movie.
"Why should you denigrate a section of society by using such a title? Freedom of expression is one thing. That doesn't give anyone the license to denigrate anybody. This is against morality and public order. We will not allow you to release the film unless you tell us the changed title...We thought filmmakers, journalists, etc. are responsible people," the bench said.
The top court directed Pandey to file an affidavit stating that the film 'Ghooskhor Pandat' does not denigrate any section of society.
During the hearing, the counsel for the filmmaker submitted that a new title had not yet been decided and assured the court that it would be one that would not create any conflict.
"You are stating that you will not use 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. We want to relate this matter to fraternity."
"Why can't there be a restraint when you try to create this kind of division when there are already fissures in society? Why should you denigrate anybody? Why should you denigrate a section of society with this kind of title? Being 'woke' is one thing. But denigrating the public and creating this kind of unrest. You are adding to the unrest," the bench observed.
The matter will be heard again on February 19.
The plea alleged that the movie promotes caste and religion-based stereotyping and threatens public order, communal harmony, and constitutional values.
'Ghooskhor Pandat', produced by Pandey, was announced by Netflix at an event in Mumbai recently. It also stars Nushrat Bharucha, Saqib Saleem, Akshay Oberoi, and Divya Dutta.
The top court was hearing a PIL filed by Atul Mishra, National Organisation Secretary of the Brahman Samaj of India, seeking directions to stay the release of the movie.
The plea alleged that the movie title and storyline are prima facie offensive and derogatory, which portray the Brahmin community in a defamatory manner.
The PIL objected to the use of the word “Pandat”, a caste and religion-identifying title, alongside “Ghooskhor”, which denotes bribery and moral corruption.
On Tuesday, Netflix India had informed the Delhi High Court that the film will be renamed.
"The producer has taken a conscious decision in light of the concern that has arisen to change the title of the film from 'Ghooskhor Pandat' to an alternate title which more accurately reflects the film's narrative and intent," the HC had recorded.
