New Delhi [India], February 5 : A writ petition has been filed before the Delhi High Court seeking a stay on the release and streaming of an upcoming Netflix film titled 'Ghooskhor Pandat', with the petitioner alleging that the title and proposed content are defamatory and communally offensive.
The plea, filed through Advocate Vineet Jindal, seeks issuance of a writ of mandamus directing authorities to intervene and restrain the streaming of the film, along with other consequential reliefs.
The petition has been filed by Mahender Chaturvedi, who describes himself as an Acharya devoted to the study, teaching and propagation of Indian scriptures, philosophy and spiritual traditions.
He claims to be directly aggrieved by the proposed film, alleging that it associates the word "Pandat" with corruption and bribery, thereby harming the dignity and reputation of the Brahmin community as well as his own vocation.
According to the plea, Netflix India has announced and promoted the film and circulated promotional material that allegedly links the term "Pandat" with immoral and corrupt conduct.
The petitioner contends that the term historically signifies scholarship, ethical conduct, spiritual guidance and moral authority within Indian society and religious traditions. The plea asserts that such a portrayal amounts to the stereotyping and vilification of an entire religious and social community.
The petition further argues that the impugned title and content violate fundamental rights guaranteed under Articles 14, 21 and 25 of the Constitution. It claims that the content discriminates against a particular religious and social group, infringes the right to dignity and reputation, and demeans religious and cultural identity linked to faith, rituals and traditions.
While acknowledging the right to freedom of speech and expression under Article 19(1)(a), the plea states that the same is subject to reasonable restrictions under Article 19(2) and does not extend to hate speech, defamation or content that may disturb communal harmony and public order.
The petitioner has also alleged that the Union Government has failed to establish an effective regulatory mechanism to prevent the misuse of creative freedom on OTT platforms. The plea claims that such regulatory gaps enable platforms to promote sensational or community-based vilification for commercial gain and amount to abdication of constitutional duty to protect fraternity and public order.
Through the petition, the petitioner has sought directions to the Union of India and Netflix India to stay the release and streaming of the film. He has also sought an interim order staying the release of the impugned content during the pendency of the case, as well as directions to the Union Government to take appropriate action against Netflix India under applicable laws governing digital and OTT platforms.
The petitioner has further sought any other order deemed fit in the interest of justice, equity and communal harmony.
The plea states that the cause of action arose when the film was announced and promoted and contends that any damage caused by its release would be irreversible. On this basis, the petitioner has sought urgent judicial intervention prior to the streaming of the film.
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