The Delhi High Court has dismissed two Public Interest Litigations (PILs) that sought restrictions on the release of the upcoming film The Taj Story. The petitions had demanded that the movie carry a disclaimer clarifying it was not based on historical facts.
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said the Cinematograph Act did not have any provision for review, and the prayer cannot be granted.
“Are we a super censor board? Just because you say, will we pass an order?” the bench asked.
At this, the counsel argued he was not against the exhibition of the film, but was seeking a disclaimer to be put in place that the content was not definitive history.
In response, the bench said, “It would be more appropriate for the petitioners to approach the government. The petitioners, at this juncture, pray to withdraw the petition to press before the government.”
The bench observed that courts are not the appropriate forum to adjudicate historical interpretations. “Even among historians, differing opinions exist. Which version should we accept?” the judges remarked, emphasising that the judiciary cannot act as a “super censor board.”
The petitioners argued that the film portrayed a distorted and provocative version of history, suggesting inaccuracies about the Taj Mahal’s origins. They urged the court to direct the Central Board of Film Certification (CBFC) to either modify the film’s certification or add a disclaimer.
However, the court noted that the petitioners had not first approached the Central Government, as required under Section 6 of the Cinematograph Act, 1952. The bench also remarked that actor Paresh Rawal, who stars in the film, should not have been made a party to the case.
The court has allowed the petitioners to withdraw their pleas and advised them to raise their concerns with the Central Government instead.