Jha seeks damages for banning 'Aarakshan'

Noted film director Prakash Jha on Monday approached the Supreme Court seeking symbolic damages from the Punjab government for banning his movie “Aarakshan” for three days in August last year allegedly in violation of his fundamental right.

A bench of Justices R M Lodha and A R Dave issued notice to the state government on Jha’s petition challenging the Punjab and Haryana High Court which had declined his plea for monetary relief. The court gave 12 weeks time to the state government to file its response.

The high court in July had dismissed Jha’s plea for Rs 6.69 crore compensation saying he should approach a civil court .

“The petitioner is seeking damages under public law for compensation of the loss and injury suffered by him due to willful violation of his fundamental rights under Article 19(1)(a) of the Constitution by the Punjab government. The order of the state government banning the screening of his film was patently illegal and arbitrary as a result of which he suffered huge loss,” Jha’s petition said.

Senior advocate Harish Salve, appearing for Jha, submitted: “It is not a simple case of damages that will require determination by a civil court. I am raising questions of constitutionality and remedies under the public law. These can only be decided by a writ court.”