CBFC tells Delhi High Court Sharjeel Imam plea to postpone release of '2020 Delhi' is premature

The Central Board of Film Certification (CBFC) told the Delhi High Court on Friday that the plea filed by Delhi riots accused Sharjeel Imam seeking directions to postpone the release of the movie ‘2020 Delhi’, is premature since the censor body is yet to grant an exhibition certificate for the movie..The movie, which is about the Delhi riots of February 2020 and the anti-CAA protests, is slated for release on February 2.Additional Solicitor General (ASG) Chetan Sharma, appearing for CBFC, also told the Court that the petitioners cannot challenge release of trailer of the movie on YouTube since the same is not a subject matter of CBFC certificate and there are alternative remedies under the Information Technology Act and intermediary guidelines to challenge the same."As opposed to a cinema, the internet does not create (content); only receives request to play. It is not subject to certification of CBFC," he said.This stand was echoed by Senior Advocate Jayant Mehta who appeared for the movie makers. Mehta also said that the movie is only inspired by true events and does not claim that is based on true events. He further assured that the movie will not be released online without a CBFC certificate.On the other hand, advocate Warisha Farasat, appearing for Imam, contended that the trailer itself carried comments attributed to Imam including use of Imam's photograph, and the same will prejudice the ongoing trial against him."My right to a criminal trial includes this. I urge you to see the trailer. Some comments are attributed to me. My Lord will see my photo. They have not tried to show that it is not me. Everything points to the fact that it is me," it was argued.Justice Sachin Datta noted the submission by the movie producer and the Central Board of Film Certification (CBFC) that the movie is yet to be certified by the latter and hence, the plea is premature. After a day-long hearing, he reserved his verdict in the matter.The movie has been directed by Devendra Malviya and will feature Brijendra Kala, Chetan Sharma, Akashdeep Arora and Siddharth Bharadwaj as lead characters..As per Imam's plea, the film, which claims to be based on true events, will have grave prejudicial effect on his trial and bail applications in the Delhi Riots matters which are pending before courts in the national capital.He said that directions should be issued to conduct a pre-screening of the movie, to postpone the release of the movie till the conclusion of trial, and to take down its promotional material till the trial in the Delhi riots case against Imam is concluded. .Imam's plea stated he saw the trailer of the movie in jail and was “extremely concerned” about the prejudice it could cause to his trial, as his character is shown to be playing an instrumental role in the larger conspiracy which is a matter of trial. “A film which seeks to portray a false, fabricated and fictional story as a story which is “based on true events” and wrongly brand the Petitioner as a “terrorist” or “traitor” will surely have a grave prejudicial effect on the trial, which is yet to even commence,” the petition said.The plea further alleged that the trailers of the movie openly portray Imam and the other accused persons as terrorists, even though the accused persons have not even been charged with the offences till date. This could prejudice the trial, affect their reputation and social standing, it was contended..Besides Imam, two others also challenged the release of the movie.One of them, Sahil Parvez, had lost his father the riots in 2020.The third petitioner was Umang, an independent candidate in the upcoming Delhi assembly elections from Rajinder Nagar constituency. The Ministry of Information and Broadcasting (MIB), Central Board Of Film Certification (CBFC), Delhi Police, the production house, director and producers of the movie are the respondents to the case..Advocate Mehmood Pracha, appearing for Parvez, said that the movie claims that it is based on true events and the trailer of the movie has already garnered over 3 lakh views.Senior Advocate Jayant Mehta, appearing for the movie makers, said that the movie only says it is "inspired by" true events."'Inspired by' does not mean true depiction," Mehta contended.It was also pointed out that the movie is yet to receive a CBFC certification and hence, the plea is premature and not maintainable."Do you not intend to screen? Is that why you have not taken a certification," the judge asked."I have applied for certification, have not received," Mehta replied.Pracha then said that if the trailer being aired is not a part of the story, then he will concede his case.The Bench then remarked that without certification being issued by CBFC, the prayer seeking postponement is premature..Advocate Warisha Farasat, appearing for Imam, then highlighted a few dialogues from the trailer as per which a comment is attributed to Imam."They have attributed a comment to me. My trial is at a crucial stage, my bail in pending," Farasat said."So, your point is that the reference to the petitioner, jeopardizes your case," Justice Datta remarked.Farasat agreed and also highlighted how depictions in the trailer including a photo points fingers at Imam.Dr. Amit George, appearing for Umang, sought postponement of the movie till the upcoming Delhi assembly elections are over.It was argued that release of the movie during the elections will be violative of the Model Code of Conduct (MCC) put in place during the elections."While the MCC is in operation, it creates disharmony, impacts free and fair elections. postponement is reasonable restriction on freedom of speech before elections. Till the MCC is on, imperative to ensure elections is not skewed," George argued.However, Jayant Mehta for the moviemaker said that the movie is only inspired by certain events and that the movie makers are willing to change the wording in the disclaimer."Is the petitioner a real character or dramatized," the Court asked. "It is for the CBFC to decide," Mehta responded.He also stressed that a petition will not lie against a trailer since there are other remedies available."There is a remedy elsewhere. Nobody can say bring down a trailer on YouTube without seeking recourse under Information Technology Act," it was submitted. "Is Sharjeel Imam named (in the movie)," the judge asked."He is not the main protagonist and he is not called Imam," Mehta answered.Mehta reiterated that the plea cannot be entertained since the movie is yet to get a CBFC certificate.The Court then asked CBFC whether a trailer of the movie can be put out before the movie gets clearance from CBFC."What is the CBFC's stand? Can a producer undertake to put a trailer without getting certificate," the judge queried.ASG Sharma, on behalf of CBFC, said that there is no bar on trailers being put on internet before CBFC certification.He said that with respect to content put on platforms like YouTube, there is a robust grievance redressal mechanism under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021."There is a presumption of due-diligence by an intermediary. There is a grievance mechanism in place under the IT Intermediaries Rules," it was argued.He further said that before passing any interim order on take down of trailer, the concerned intermediary will have to be heard."If takedown order is given, the intermediaries will have to be heard. The limited challenge to writ jurisdiction is that the government has not done any thing wrong. Defamation will be dealt by civil courts," the ASG underlined.Mehta meanwhile also assured the Court that the movie will not be released on social media without certification from CBFC.However, Farasat said that the same will not be sufficient."They have used my picture. Just not naming them is not sufficient, They have left no stone unturned to show that it is me," he argued..The petition by Imam was filed through advocates Ahmad Ibrahim, Talib Mustafa and Ayesha Zaidi.