(Public Interest Litigation) (Under Articles 226 & 227 Of

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL WRIT JURISDICTION

(Public Interest Litigation)

(Under Articles 226 & 227 of the Constitution of India)

CIVIL WRIT PETITION NO. OF 2019

DISTRICT: PUNE

1. MR. SATISH SUGRIV GAIKWAD

Aged 34 yrs., Social Activist, Residing at :211, 2nd floor, Kamala Arcade, Opp. Balgandgrava, J.M. Road, Deccan , Pune – 411 004.

...... Petitioner

V/S

1. Ministry of information and broadcasting Through Secretary. Address:Information & Broadcasting, Room No 552, A wing Shastri Bhawan New Delhi-110001 E-Mail - [email protected]

2. Central Board of Film Certification[CBFC] Through chairman Address: 9th Floor, 24 Pedder Road, Mumbai, Maharashtra 400026

3. State of Maharashtra Through Chief Secretary

4. Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi 110001.

5. Suresh Anand Oberoi, Producer, Residence Bungalow : 5, Kartar Kunj, Golden Beach Raja Park, Juhu, Mumbai 400049.

6. Sandip Ssingh, Producer,

Residence Bungalow : 5, Kartar Kunj, Golden Beach Raja Park, Juhu, Mumbai 400049.

7. Anand Pandit, Producer, Residence Bungalow : 5, Kartar Kunj, Golden Beach Raja Park, Juhu, Mumbai 400049.

8. Archana Manish,Producer, Residence Bungalow : 5, Kartar Kunj, Golden Beach Raja Park, Juhu, Mumbai 400049.

9. Omung Kumar,director, Residence Bungalow : 5, Kartar Kunj, Golden Beach Raja Park, Juhu, Mumbai 400049.

10. Vivek Suresh Oberoi, Actor, Residence Bungalow : 5, Kartar Kunj, Golden Beach Raja Park, Juhu, Mumbai 400049.

...... Respondent

MAY IT PLEASE YOUR WORSHIP:

It is hereby submitted on behalf of the Petitioner above named as under:

1) That the Petitioner is national and citizen of India and as such are entitled to all the rights and privileges guaranteed to a citizen under the provisions of the Constitution of India.

2) That the Petitioner Shri Satish Surgriv Gaikwad is a social activist and fights for human rights and work’s for rights of underprivileged and suppressed class especially the Minorities, S.C., S.T., OBC and other oppressed and downtrodden people in the society. And is socially and politically active and has contested 15th Lok Sabha General Election in 2009 from Madha Constituency, Dist. Solapur, Maharashtra.

3) That the petitioner has successfully contested as witness of Bhima Koregaon, was present at the said incident and is eye witness of the same, Violence which occurred in Bhima Koregaon, Pune on 01/01/2018 and also have fled Petition in Hon’ble High Court regarding the same.

4) The Petitioner is citizen of India and is protected under the Article enshrined under the constitution 14 and 21 of India. The Petitioner is permanent resident of Pune residing at the address above named.

5) The Respondent No. 1 is Union of India The Ministry of Information and Broadcasting (Ministry of I&B) which is a ministerial level agency of the Government of India responsible for the formulation and administration of rules, regulations and laws in the areas of information, broadcasting, the press and films in India.

6) The Respondent No. 2 is the Central Board of Film Certification (CBFC) (often referred to as the Censor Board) is a statutory censorship and classification body under the Ministry of Information and Broadcasting, Government of India. It is tasked with "regulating the public exhibition of films under the provisions of the Cinematograph Act 1952". Films can be publicly exhibited in India only after they are certified by the Board, including films shown on television.

7) The Respondent No. 3 is the State of Maharashtra is the responsible authority to maintain the law and order in the state as well as to regulate the cinema activity in coordination with the respondent no. 1 and 2.

8) The Respondent No.4 Election Commission of India, the Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The Election Commission is the guardian of elections in the country. In every election, it issues a Model code of Conduct for political parties and candidates to conduct elections in a free and fair manner.

9) The Respondent No.5 Suresh Anand Oberoi is the Producer of the film with name style “PM Narendra Modi”, the Respondent No.6 Sandip Ssingh is the Producer of the film, the Respondent No.7 Anand Pandit is the Producer of the film, the Respondent No.8 Archana Manish is the Producer of the film, the Respondent No.9 Omung Kumar is director of said film, the Respondent No.10 Mr Vivek Anand Oberoi is lead actor of the said film.

10) That the petitioner above named begs to approach this hon’ble court to exercise its power and jurisdiction under Article 226 and 227 of the Indian Constitution, 1950 to stay the release and further movie related activity in the State on each and every platform either lateral or virtual.

11) The fact leading to the filing of the present writ petition(in the nature of Public Interest Litigation, are as follows):-

i. That the respondent no. 5 along with respondent no. 6 to 10 has plotted to make a motion picture(movie) while considering the character of Shri Narendra Damodardas Modi Alias Narendra Modi, (The contemporary Prime Minister of India) ii. That in pursuance of the 17th general election proposed to be held in this year, the election commission of India which is the sole authority to conduct the election process in our country, has released the notification and imposed the election code conduct all over India, including the union territory on 10th March 2019. iii. That it is most respectfully submitted that the respondent no. 5 got the trailer of the movie released on 20th March 2019 iv. That it is further most respectfully submitted that the time and date when the trailer has been released cannot be taken as simpliciter, the reason behind this is that this activity to get the trailer released even after imposition of election code of conduct shows that it is not only the respondent no. 5 rather it shows the collusion of all the

respondents which have syndicated to get the trailer released while ignoring the and disobeying the election code of conduct. v. That it is most respectfully submitted that respondent no.5 while releasing the trailer even after the imposition of election code of conduct has not only disobeyed the election code of conduct rather while doing this respondents have tried to show as if no rule of law exist in the state. vi. That it is most respectfully submitted that the release date of the movie has also been finalized and that is 5th of April 2019. vii. That it is further most respectfully submitted that it would have been the responsibility of respondent no. 5 while allowing the release date of the said movie, as in what condition and situation the movie is being released. It would also have been the responsibility of the respondent no. 5 to check the content of the movie and also would have to check what will be the effect on the perception of the general public during the election. viii. That all the respondent hereby prime facie advertently disobeyed the election code of conduct. In furtherance while releasing the movie during election code of conduct has been imposed clearly shows that it is nothing but the infringement of the legal right (right to Vote) of the citizen of the state. ix. That is further most respectfully submitted that the petitioner has approached this hon’ble court to

pray this hon’ble court to direct the respondents to not to interfere in the execution of the election process as the contents of the movie is about one of the candidate of the 17th general election which is scheduled to be held from 11 April 2019 to 19 May 2019. x. That it is further submitted that in Mumbai on 07th Jan 2019 Maharashtra Chief Minister Devendra Fadnavis unveiled the first look poster of the said movie, PM Modi’s biopic, movie titled ‘PM Narendra Modi’. That the Chief Minister Fadnavis in the said event stated that the movie will be a source of inspiration and PM Modi’s life will be portrayed to the world with this movie.

xi. That it is further submitted that the petitioner being a sensible citizen of this country has the apprehension that the contents of the movie may influence the innocent voters of this country and that is the reason why the petitioner is approaching before this hon’ble court.

GROUNDS-

12) The Petitioner is filing the current petition being based on following grounds: A. Because releasing the trailer after the election process of the 17th general election has been started violates the legal right of the citizen of this state. B. Because it is the violation of the fundamental right of the citizen of this state

enshrined under article 14 of the constitution of India, 1950. C. Because it is the violation of fundamental principle of the Constitution of India, 1950 that is the rule of law. D. Because the law prevailing the state is equal for every citizen of this country subject to exceptions but here in the instant case the respondent have tried to show that as if no rule of law exist in the state. E. Because by releasing the movie on 5th of April 2019 the respondent no. 9 will be trying to influence the voter to vote in favour of particular candidate and which may disturb the execution of free and healthy election process.

13) That it is further submitted that the petitioner being a sensible citizen of this country has the apprehension that the contents of the movie may influence the innocent voters of this country and that is the reason why the petitioner is approaching before this hon’ble court.

IT IS THE THEREFORE PRAYED THAT;

(a) That this Hon’ble Court may be pleased to stay the release of the movie which is scheduled to be released on 5th April 2019.

(b) That this Hon’ble Court may be pleased to direct the respondent no. 1 to get the trailer removed/deleted from all the social sites/platform/media exclusively YouTube, face book, instagram, etc

(d) That any other order as this Hon’ble Court may deem fit and necessary in the facts and circumstances of the case be granted to the Petitioner.

(e) Cost of this Application be provided for.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IS DUTY BOUND SHALL EVER PRAY.

Mumbai, Dated this 25 day of March 2019,

Adv. for Petitioner

V E R I F I C A T I O N

I, MR. . SATISH SUGRIV GAIKWAD, - Indian National, Aged 34 yrs., Occu: Business, Residing at :211, 2nd floor, Kamala Arcade,Opp. Balgandgrava, J.M. Road, Deccan , Pune – 411 004, do hereby state on solemn affirmation that whatever is stated in the paragraphs above is true and correct and to the best of my knowledge.

Solemnly affirmed at Mumbai, this 25 th Day of March 2019.

Deponent

Advocate for the Petitioner

Before me

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL WRIT JURISDICTION

(Public Interest Litigation)

(Under Articles 226 & 227 of the Constitution of India)

CIVIL WRIT PETITION NO. OF 2019

DISTRICT: PUNE

MR. SATISH SUGRIV GAIKWAD Petitioner V/s Ministry of information and broadcasting & Ors Respondent

INDEX Sr No Particulars Pages 1 Synopsis

2 Memo Of Petition

3 Affidavit in Support of Petitioner

4 Vakalatnama

Last Page

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL WRIT JURISDICTION

(Public Interest Litigation)

(Under Articles 226 & 227 of the Constitution of India)

CIVIL WRIT PETITION NO. OF 2019

DISTRICT: PUNE

MR. SATISH SUGRIV GAIKWAD Petitioner V/s Ministry of information and broadcasting & Ors Respondent

SYNOPSIS Dates Events 10 March 2019 Election Commission has declared the dates for General Election from 11th April 2019. Model Code of Conduct is in force from 10th of March 2019. 20 March 2019 The trailer for movie PM Narendra Modi is released on various social media platforms. The movie is represented as biopic of sitting Prime Minister of the country. 5th April 2019 The movie PM Narendra Modi is to be released on 5th April 2019 which is during the period when the Model Code of Conduct is in place. In the guise of the movie surrogate advertising of sitting Prime Minister is sought and with motive to circumvitate the Model Code of Conduct. Hence the present Petition

ACT AND RULES TO BE REFERRED: 1. Constitution of India 2. . 3.

AUTHORITIES : Nil

Mumbai Dated this day of March 2019

Advocate for Petitioner

I am not member of the Advocate’s Welfare Fund hence stamps of Rs.2/- are not affixed herewith.

Advocate VAKALATNAMA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL WRIT JURISDICTION

(Public Interest Litigation)

(Under Articles 226 & 227 of the Constitution of India)

CIVIL WRIT PETITION NO. OF 2019

DISTRICT: PUNE

MR. SATISH SUGRIV GAIKWAD Petitioner V/s Ministry of information and broadcasting & Ors Respondent

To, The Registrar, High Court Appellate Jurisdiction, High Court at Bombay Mumbai.

Sir,

I, the Petitioner Mr. Satish Sugriv Gaikwad, do hereby appoint MR. Tosif Chand Shaikh Advocate, High Court, Bombay to act, appear and plead on our behalf in the above matter. IN WITNESS WHEREOF we have set and subscribed our respective hands to this writing. Dated this 26TH day of March 2019.

Accepted

Tosif Chand Shaikh Advocate Address:211, Kamla Arcade, Opp. Balgandhrva, [Satish Sugriv Gaikwad] J.M. Road, Pune-400004. +91 9860907357 Email:[email protected] I-12624