"Move High Court:" Supreme Court declines to entertain plea against OTT release of 'Why I killed Gandhi'

The Supreme Court on Monday declined to entertain a plea seeking a stay on the release of the movie 'Why I killed Gandhi' on over the top (OTT) platform 'Limelight' [Sikander Behl v. Union of India]..A Bench headed by Justice Indira Banerjee said that a petition under Article 32 cannot be entertained since there is no violation of fundamental rights of the petitioner due to the release of the movie.However, the petitioner would be at liberty to approach concerned High Court, the Supreme Court clarified."A writ petition under Art 32 may only be filed when there is question of violation of fundamental right. There is no fundamental right of the petitioner which appears to have been violated. Thus this plea cannot be entertained. However, it appears that the petitioner is a citizen may have a serious cause of concern here. Petitioner is at liberty to approach the High court under Article 226," the Court said..The plea filed by one Sikarndar Behl through advocate Anuj Bhandari said that the movie intends to defame and tarnish the image of the Father of the Nation and glorify Nathuram Godse and celebrate his act of killing Mahatma Gandhi.The movie is aimed at creating communal disharmony, spreading hatred and disturbing peace, the plea added.It also pointed out that the censor board had not cleared the film and it is consequently slated for release on OTT platform, 'Limelight' on January 30.The movie was made in 2017 and never had any theatrical release. Interestingly, Nationalist Congress Party (NCP) leader and Member of Parliament (MP) Amol Kolhe is playing the role of Godse in the movie.The petitioner also sought regulation of the OTT platforms which are presently beyond the purview of the censor board and unregulated and uncensored content is being published on various OTT platforms.