No SC relief to makers of Tandav, told to move HCs

Freedom of speech not absolute: Top court

The Supreme Court on Wednesday declined to interfere with the spate of FIRs filed against the producer director and actors of Tandav Web series on Amazon Prime and asked them to approach the high courts of the states where FIRs have been lodged for their quashing.

Observing that the freedom of speech is not absolute but subject to restrictions, the bench comprising Justice Ashok Bhushan, Justice R. Subhash Reddy and Justice M.R.Shah while dismissing the plea for the quashing of the FIRs said, “You want the FIRs to be quashed. But why can’t you approach the high courts.”

While declining the plea for the quashing of the FIRs, the court however issued notice “limited to transfer and clubbing of the FIRs with first FIR”.

Having issued notice on the transfer and clubbing of the FIRs, the court made it clear that it will not come in the way of actor and makers of the webseries from approaching the concerned courts for anticipatory bail.

“We make it clear that the issue of notice in this petition shall not preclude the petitioners to approach the concerned courts for anticipatory bail/bail as per law”, said the order passed on Wednesday.

Senior lawyers Fali S. Nariman, Mukul Rohatgi and Siddharth Luthra cited the top court judgment in Arnab Goswami case to seek relief in the matter.

Mr Luthra argued that the director of the web series is being harassed.

“Is this way liberty should be protected in the country and FIRs are being filed across the country,” he asked.

Mr Nariman submitted that apologies have been made, and despite that several FIRs have been filed in six states.

The bench said it need not intervene as even the police can file closure reports if apologies have been made and the controversial scenes have been deleted.

Mr Rohatgi cited Arnab Goswami case to move the top court after a violation of Article 19(1)(a). He added people get offended with anything and everything these days. “Please protect us with no coercive steps.

“We deleted content without any protest. Scenes have been deleted. Its a political satire,” argued Mr Rohatgi.