Supreme Court Puts A Stay On Release Of Controversial Movie 'Hamare Baarah'

"Until disposal of the petition before the High Court, screening of the movie in question shall remain suspended", the bench said.

The Supreme Court on Thursday stayed the release of the film “Hamare Baarah” after finding its trailer objectionable in its representation of married Muslim women in Islam. 

Calling the trailer of the Anu Kapoor starrer film offensive, a vacation bench of Justices Vikram Nath and Sandeep Mehta directed that the decision on the release of the film should be given by the Bombay High Court 

"Until disposal of the petition before the High Court, screening of the movie in question shall remain suspended", the bench said.

“Humare Baarah” derogatory to Islamic faith, alleges petitioner

Petitioner Azhar Basha Tamboli alleges in his petition that the film portrays lives of married Muslim women to have no independent rights as individuals in society owing to “Aayat 223” a verse in the Quran which in his view is entirely wrong and a misreading of the verse. He further stated that despite the modifications directed to be carried out prior to the release of the film the trailer did not contain any disclaimer nor any reference to the certification granted by CBFC.

Due process followed while certification, argues respondent

The respondents in the case were not present during the hearing, however, Mr Sethna representing the respondent relied on censor board's certifications dated 23rd January 2024 and 3rd April 2024 and asserted that the film has been cleared for public viewing after the objectionable scenes and dialogues were deleted. Addressing the controversy surrounding the said trailer uploaded on YouTube and ticketing platform Book My Show, he said that necessary measures will be taken to withdraw uncertified trailers.

While siding with the petitioners, the court was of the view that the Bombay High Court should hear the matter before any conclusion can be drawn. Additionally, the film may also be required to be viewed to draw any conclusion with regard to rival contentions.

The film directed by Kamal Chandra was slated to release in theatres on June 14. 

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