Actors can’t be liable for insulting dialogue: Court

The Delhi High Court on Monday said actors cannot be held liable for dialogues that allegedly insulted former Prime Minister Rajiv Gandhi in the "Sacred Games" web series.

A bench of Justice Sanjiv Khanna and Justice Chander Shekhar wanted to know as to why the actors were made a party to the case. ‘‘Can we stop a viewpoint from being aired? Should we stall such a viewpoint from being aired? Shouldn't the viewer make up his own point?’’ The bench also questioned the maintainability of the plea since all the episodes have already been aired. ‘‘It's already on air. What do we then stop?’’ the judge demanded.

The bench observed that everyone has freedom to express his views, which may be right or wrong. The court has sought to know whether the plea could be entertained as a Public Interest Litigation and asked the petitioner to satisfy how the court could intervene in the matter.

The PIL -- filed by lawyer Nikhil Bhalla through advocate Shashank Garg -sought the removal of two contents that according to him had "tarnished" the image of the late Prime Minister. The lawyer claimed that the series incorrectly depicted historical events such as the Bofors scandal, the Shah Bano case, the Babri Masjid demolition and the communal riots.

The court also asked whether a certificate by the Central Board of Film

Certification was required for airing such a web series. The court has listed the matter for July 19 for a detailed hearing.

Last week, a Congress activist in West Bengal filed a police complaint against actor Nawazuddin Siddiqui, media services provider Netflix and the makers of "Sacred Games" for "insulting and abusing" Rajiv Gandhi.

The series is based on author Vikram Chandra's novel of the same name. It has been directed by Anurag Kashyap and Vikramaditya Motwane.

Breaking his silence over the web series, Congress President Rahul Gandhi on Saturday said the "Bharatiya Janata Party and the Rashtriya Swayamsevak Sangh believe the freedom of expression must be policed and controlled but I feel it is a fundamental democratic right".