After SC's stay order, Bombay HC permits 'Hamare Baarah' release after cuts

The Supreme Court had left the case to be decided by the Bombay High Court after suspending the film's screening last week

The Bombay High Court granted permission on Wednesday (June 19) for the release of the controversial film ‘Hamare Baarah’ after the filmmakers agreed to remove objectionable content, as reported by Live Law.

A division bench consisting of Justice BP Colabawalla and Justice Firdosh Pooniwalla issued the order, permitting the film’s release after concluding that it neither offends the religious sentiments of the Muslim community nor distorts the teachings of the Quran. The court noted that the film, which has sparked extensive debate due to its focus on overpopulation, aims to promote women’s empowerment.

The film, starring Annu Kapoor, had generated controversy with its initial trailer, which the court also found problematic. After reviewing the final version of ‘Hamare Baarah’, the bench confirmed that all objectionable scenes had been removed.

“The movie is in fact for the upliftment of women. The movie has a Maulana misinterpreting the Quran and in fact one Muslim man objects to the same in the scene. So this shows that people should apply their mind and not blindly follow such Maulanas,” stated the High Court.

Additionally, the court imposed a Rs 5 lakh fine on the filmmakers for releasing a trailer containing uncertified scenes, directing that the amount be donated to a charity chosen by the petitioner.

“Violation was their vis-a-vis the trailer. So, you will have to pay something towards charity of the petitioner’s choice. Cost will have to be paid. This litigation has got the film so much unpaid publicity,” the High Court noted.

Supreme Court suspends film release

Earlier last week, the Supreme Court ordered a suspension of 'Hamare Baarah', which was originally set to release on June 14. The film faced allegations of being derogatory towards Islam and married Muslim women in India.

During the hearing, the judges mentioned that they had found the film's teaser offensive.

"This morning we reviewed the teaser, and it contains objectionable material," commented Justice Mehta.

Justice Nath added, "The teaser's offensiveness led the High Court to issue an interim order," referencing the initial interim order that halted the film's release.

A petition by Azhar Basha Tamboli argued that the film, initially scheduled for release on June 7 and then June 14, 2024, violates the Cinematograph Act, 1952, along with related rules and guidelines. The petition further claimed that the film's certification was improper and that its release would infringe upon Article 19(2) and Article 25 of the Constitution.

The new release date for ‘Hamare Baarah’ remains undecided.