Delhi HC dismissed the plea seeking stay on release of movie ‘Bharat’

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DELHI HIGH COURT

Delhi High Court after watching trailor of the movie ‘Bharat’ in the court, dismissed the petition on the ground that the petitioner has tried to gain mileage out of it and it has no merits.

Acting upon the plea the vacation bench of Justices J. R. Midha & Chander Shekhar came down heavily on the petitioner for filing the petition and said, “how do you  know it violates Section 3 of Emblems Act…its premature…You are doing this to just take mileage out of the petition…We can impose a cost of Rs 1 to 5 lacs on you…”

Court was hearing the plea which has sought direction to Director/producer to change the name of the film ‘Bharat’ which is set to release on 5th June with starring Salman Khan. Petitioner Vikas Tyagi contended, ‘the film is fraught with Salman’s typical flippancy & vulgarity’.

Petitioner mentioned in his petition that, “Movie is distorting the cultural and political image of the country. I felt there is no need to name this film after our nation. It is merely a shameless, cunning stratagem to encash the deep rooted feeling for our country, which has been treasured by every Indians in their heart.”

“…when films trailer was released, we got naught up to our expectations, conversely, this film is fraught with Salman’s typical flippancy and vulgarity. Being a ‘Bhartiya’ I feel it is not appropriate to name such film or any character associated with the film after our great nation. It is distorting the cultural and political image of our great Country ‘Bharat’.

…whatever character Salman plays, the portrayal deeply emphasizes on flippancy and vulgar behavior. No one wants his nation to be associated with such rougish and frivolous character”, he said.

He further contended that as per the Constitution of India, Article 1 (1), “India i.e. Bharat” so Bharat is the official name of our Country. As per section 3 of The Emblems and Names (Prevention of Improper Use) Act, 1950 prohibit the use of name “Bharat” for any trade, business, profession, on in a title of any patent, or in any trade mark.

However, Delhi High Court has dismissed the petition and said, “The petitioner has filed the PIL raising an objection to movie ‘Bharat’ which shows ‘India’ in disrespectful manner. The petitioner has not seen the movie and came to court and apparently seems premature in conclusion. The court has seen the trailor on the phone of the petitioner and found no merit. Hence, the petition is dismissed devoid of merit”. The film is set to hit theaters on 5th June 2019.

India Legal Bureau