Bhandarkar happy with SC’S nod to release Indu Sarkar

Filmmaker Madhur Bhandarkar is happy and relieved after the Supreme Court on Thursday cleared the decks for the release of his movie “Indu Sarkar” on Friday.

The apex court dismissed the plea of a woman, who claimed to be the biological daughter of late Sanjay Gandhi, for a stay on the screening of the film, which is set against the backdrop of the Emergency.

The film portrays characters inspired by former Prime Minister Indira Gandhi and her son Sanjay Gandhi.

“I have been through hell in the last few days but I am happy and relieved today. It is a great judgement, I am so happy that the honourable Supreme Court has held the artistic rights of a filmmaker,” Bhandarkar said.

“I spoke to my lawyer, I have not gone through the entire judgement but whatever I know about it, I feel it’s one of the best judgements. It has set a different precedence for every filmmaker” he says.

NEW DELHI: Bollywood movie 'Indu Sarkar', based on the 1975-1977 Emergency period, would hit the screens on Friday with the Supreme Court on Thursday rejecting the plea of a woman, who claimed to be the biological daughter of late Sanjay Gandhi, for a stay on its release.

A three-judge bench, headed by Justice Dipak Misra, said that the Madhur Bhandarkar-directed movie was an "artistic expression" within the parameters of the law and there was no justification to stall its scheduled release tomorrow.

The bench, also comprising Justices Amitava Roy and A M Khanwilkar, observed that the petition filed by Priya Singh Paul, who claimed to be the biological daughter of Sanjay Gandhi, was "devoid of merits".

"Depiction of history has its own nuances and perception. Allow the researchers and projectors to showcase their work. Do not go behind them," the bench said.

"As far as the exhibition of the movie is concerned, we are of the convinced opinion that it is an artistic expression within the parameters of law and there is no warrant or justifi- cation to curtail the same ," the court said.

However, it observed that it did not intend to comment anything on the aspect of status of the petitioner as it might have a bearing on another pending petition by her in a court.

"We are of the considered opinion that so far as the perception of the (Bombay) High Court on status of the petitioner is concerned, there cannot be any dispute as the issue has been left open," it noted in its order.

The petitioner had challenged the July 24 verdict of the Bombay High Court which had dismissed her plea to quash the certificate granted to the movie by the Central Board of Film Certification (CBFC).

Another petition filed by an advocate in the Delhi High Court seeking revocation of the censor board clearance given to the film was also dismissed.

The high court said merely stating that "one is a strong believer of the Gandhis does not give a right to seek a stay on the release of the film".

In the apex court, senior advocate Dhruv Mehta, appearing for Bhandarkar, argued that cuts suggested by a committee of the CBFC have already been carried out and a disclaimer put in the movie makes it absolutely clear that it has no resemblance with any person, living or dead.