SC agrees to hear plea against PM Modi biopic

The Supreme Court on Thursday agreed to hear on April 8 a writ petition filed by a Congress leader against the release of a biopic on Prime Minister Narendra Modi.

The petitioner contended the film is a "sheer propaganda piece for furthering political ambitions" and would affect the level playing field during the general elections, 2019.

A bench presided over by Justice S A Bobde decided to consider the petition filed by Congress leader and advocate Aman Panwar.

Senior advocate A M Singhvi, appearing for Panwar, contended that during the model code of conduct, the release of the film entitled as 'PM Narendra Modi', produced by people connected to the ruling party, would affect free and fair polls and democracy and as a result basic structure of the Constitution.

"In the middle of elections, why should such a film by the people connected to the ruling party be allowed. It would affect level playing field," he said.

He sought urgent hearing of the petition.

During brief hearing, the court asked Singhvi why the petitioner has directly approached the top court instead of going to the high court.

"We don't want to encourage writ petitions directly to this court when the high courts have the similar power to consider the matter," the bench said.

On this, Singhvi said the Delhi and Bombay High Courts have already dismissed petitions filed by some other persons, in this regard.

He also said there are two exceptions when a writ petition can be filed directly to the Supreme Court. First, when it is futile to go to the high court as in this case, the issues have already been examined and secondly when the issue is pending here, he said.

"If it is not special leave petition, we won't have the advantage of the high court judgement," the bench said.

On insistence by Singhvi, the bench, also comprising Justices S Abdul Nazeer and Indira Banerjee, agreed to list the petition.

The petitioner contended, "All four producers had deep and pervasive links to the BJP. In the case of four of the three producers, they were not mere sympathizers or supporters, but actual card-carrying official members of the Party in power with two of the individuals having held official posts in the party machinery. The fourth producer had been a participant in ‘Vibrant Gujarat’."

It also claimed Chairman of the Central Board of Film Certification, Prasoon Joshi was listed and credited as one of the artists who worked on the film. "In other words, the CBFC has acted as the judge in its own cause," it said.

Notably, a Pune-based social activist had on Wednesday approached the Supreme Court against the Bombay High Court's order, that has rejected his plea for stopping the scheduled release of film 'PM Narendra Modi' on April 5.

He expressed apprehension that Vivek Oberoi-starrer biopic on Modi may create a pressure or otherwise on the electorates to vote for particular candidates during the general elections 2019.