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Supreme Court of India 2018-02-16 dismissed

Adarsh Cooperative Housing Society Ltd vs Union of India & Ors

Bench: 2 — Dipak Misra

In Brief

A registered housing society sought to prevent the theatrical release of a feature film ("Aiyaary") on grounds that it contained references to the society and its members, arguing this violated their right to life under the Constitution and affected pending litigation. The Supreme Court dismissed the petition, holding that once the Censor Board certifies a film, courts will not intervene. The Court emphasized that freedom of speech and expression, a fundamental right, cannot be restricted merely because a film mentions or references parties in litigation. Courts decide cases on record, not cinema. The sub-judice doctrine cannot be stretched to suppress artistic expression. Any disclaimers must be decided by the Censor Board, not the Court.

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Constitutional Law Freedom of Expression Cinema and Film Law Defamation Reputation Sub-judice doctrine Censor Board Art and Creativity

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