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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 cooperative housing society sought to prohibit release of the film "Aiyaary" on grounds that it contained references harming the society's reputation and affected pending litigation (sub-judice). The Supreme Court dismissed the petition, holding that freedom of speech and expression through cinema cannot be curtailed merely because a matter involves pending litigation or alleged references to a party. Once the Central Board of Film Certification grants a certificate after due consultation, courts must presume compliance with legal guidelines. The Court noted that artistic creativity is a cherished constitutional right, and courts decide cases on evidence, not cinematic imagination. Any requirement for disclaimers falls exclusively within the Censor Board's jurisdiction.

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Constitutional Law Freedom of Speech and Expression Film Certification Sub-Judice Doctrine Right to Life

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