SC rejects plea against EC's ban on Modi biopic

The Supreme Court on Friday rejected a plea against the Election Commission's order that barred the release of 'PM Narendra Modi', a biopic on incumbent Prime Minister, till general elections 2019.

A bench presided over by Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna dismissed a writ petition filed by film producer, Sandeep Vinod Kumar Singh.

The top court relied upon the poll panel report after watching the movie. The EC had said the movie eulogised the PM and put the opposition leaders in poor light.

The court had earlier asked the Election Commission to first watch the biopic and then give its report in sealed cover.

Producers of 'PM Narendra Modi' challenged the Election Commission's order barring its release, saying the direction violated their fundamental right to freedom of speech and expression.

The EC had initially issued a six-page order barring screening of any political film, which could disturb the level-playing field during the elections. The poll-panel also wrote to the producers of the 'PM Narendra Modi', asking them not to screen the film “till further orders”.

The 'PM Narendra Modi' is a Hindi film from Bollywood with celebrity actor Vivek Oberoi essaying the role of the incumbent Prime Minister.

The film was slated for release when the first of the seven phases of polling for the Lok Sabha elections were scheduled to be held.

“Any biopic material in the nature of biography / hagiography sub-serving the purposes of any political entity or any individual entity connected to it, which is intended to, or which has the potential to disturb the level playing field during the elections, should not be displayed in electronic media including cinematograph during the operation of the MCC (Model Code of Conduct),” the EC said in its order.

On April 9, the apex court rejected a plea filed by a Congress leader, Aman Panwar to stay the release of film 'PM Narendra Modi'. It had said the plea was "premature" as the film has yet not been certified by the CBFC.

It also declined to consider the issue whether the biopic on Modi would affect the level playing field in general elections, saying it could be decided by the Election Commission.

Subsequently, it was transpired that the CBFC had cleared the film.