Hamara Baaraah: Bombay HC Allows Film's Release After Makers Agree To Delete Objectionable Dialogues

The makers of the movie Hamare Baarah assured the Bombay High Court on Friday that they would delete the alleged objectionable dialogues from the film and showcase the edited version in theatres from Saturday. This followed after a three-member panel, which was constituted pursuant to HC order, sought more time to form an opinion over the objections raised in a petition which alleged that the movie showed the Muslim community in a bad light.

The movie, as certified U/A by the Central Board of Film Certification (CBFC), released in theatres on Friday. Following a petition by one Azhar Tamboli objecting to several dialogues in the movie, the HC deferred the release of the movie to June 14. However, on Thursday, the makers of the movie approached the HC, which lifted the stay and asked the CBFC to constitute a panel, including a member from the Muslim community, to view the movie and submit its findings by Friday morning.

A report was submitted by the panel, requesting an “extension of time to submit its comments by June 12 to take a final decision after engaging in discussions and consultation with experts as well as considering relevant factors. “We are at pains to observe that the intention of the court was not fulfilled by the committee. The purpose of forming a committee to view the film was to give their opinion along with reasons as required under Rules of the Cinematograph Act,” a vacation bench of Justices Kamal Khata and Rajesh Patel said expressing displeasure.

Noting that it was "unacceptable," the bench remarked that the “committee has failed to carry out the out the instructions it had undertaken to do.”

When petitioner advocate Mayur Khandeparkar urged the court to defer the release of the movie, the makers of the movie suggested that they would delete the alleged objectionable dialogues until the petition is heard. Their counsel, Rahul Narichania, told the bench that they are willing to delete the scenes so that the movie’s release is not stalled, otherwise they would suffer losses.

“Considering the peculiar facts and circumstances of the case that have arisen, we find that it would not balance the equities in favour of the parties if the release of the movie is stalled. We therefore permit respondents 1–6 (makers) to delete these dialogues from the movie,” the bench said.

CBFC’s advocate, Advait Sethna, said that once the dialogues are deleted, a fresh certification would have to be issued to the movie.

The judges asked the makers to apply for a fresh certification to the CBFC, and the censor body has been asked to certify the same by the end of the day.

When Khandeparkar objected to releasing the movie without fresh certification from the CBFC after deleted dialogues, the judges were irked and clarified that they had not gone into the locus (a right to appear in court on a given question) of the petitioner to file such a petition.

“One person in a country with a population of 130 crores can not bring such a petition, which can stall such matters and not grant any guarantee whatsoever for costs incurred by respondents in such a case,” the judges said.

“One person cannot hold to ransom at the nth hour and expect courts to consider all aspects.” The court said while the panel’s report is still awaited, “We have, given facts and circumstances of the case, balanced all equities and have tried to ascertain how best the equities could be balanced.”

Clarifying that the deletion of dialogues is made without the rights or contentions of any of the parties, the HC has kept the matter for hearing on June 13.