No release unless title changed: SC to Neeraj Pandey on 'Ghooskhor Pandat'

"Why should you denigrate a section of society by using such a title. This is against morality and public order", the bench said

Observing that a section of society cannot be denigrated in the name of freedom of expression, the Supreme Court on Thursday rapped 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 OTT platform Netflix.

A bench of Justices B V Nagarathna and Ujjal Bhuyan issued notices to the Ministry of Information and Broadcasting, Central Board of Film Certification and Pandey on a 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 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 that the film 'Ghooskhor Pandat' doesn't denigrate any section of society.

During the hearing, the counsel appearing for the filmmaker submitted that a new title has not been decided as yet and assured the court that it will be such that there will not be any conflict.

"You make a submission that you will not have 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 make this kind of division when there are already fissures in society. Why should you denigrate anybody? Why should you denigrate a section of society by 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 would 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 Bharuccha, 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.