The Delhi High Court today dismissed an appeal seeking quashing of the certificate for public exhibition of “MSG- 2 The Messenger”, saying the film does not have the propensity of inculcating hatred.
The court observed that the issue should be judged from the perception of a reasonable prudent man and not that of a sensitive person.
A bench of Chief Justice G Rohini and Justice Jayant Nath said there was no justifiable reason to interfere with the order of the single judge who had also refused to ban the screening of film by Dera Sacha Sauda chief Gurmeet Ram Rahim Singh on the ground that it depicts ‘Adivasis’ as anti-nationals.
“Moreover, the movie was released on September 18, 2015 and it is not a case of the appellant that any incident of violence or atrocity has been reported from any corner. The law is well settled that the test is not of a sensitive person, but it has to be judged from the perception of a reasonable prudent man.
“In our considered opinion, no reasonable prudent man will perceive the movie in the way in which the appellant sought to project,” the bench said.
The bench, which also viewed the movie, observed that at the outset the film contains a disclaimer that “none of the character therein is based on any living or dead person and the resemblance if any is unintentional”.
“We have also observed that it does not make out a case to hold that the certificate issued by the Central Board of Film Certification is in violation of the guidelines. As rightly held by the single judge, the film cannot be said to have the propensity of inculcating hatred, ill-will and violence towards a person or group of persons.
“It also appears to us that the film, to the average viewers’ understanding, does not depict the life as such, but on the other hand, it is a pure work of fiction,” it said.
The court passed the order on the appeal by Prem Mardi, who had filed the earlier petition, and who had contended that the single-judge’s decision was bad in law.
The single-judge bench had said that the reference in the film to “Adivasis” is not found to be relatable in any manner to Scheduled Tribes.
