PIL filed against Bharat Mata Ki Jai song from movie 'Shanghai' Read complete PIL Petition

PIL filed against Bharat Mata Ki Jai song from movie 'Shanghai' Read complete PIL Petition

Movie name - 'Shanghai'
Release Date - 8/6/2012
Controversial Song Name - Bharat Mata Ki Jai

Tejinder Bagga [Prashant Bhushan assault case famous] has filed the petition in the Delhi High Court for an interim stay on the release of forthcoming film 'Shanghai' until its controversial song 'Bharat Mata ki jai' is removed from the film.

Bagga said that they have problems with the lyrics of the words of the song,

Sone ki chidiya, dengue, malaria, gud bhi hai, gobar bhi, Bharat Mata ki jai.

Bagga said the he do not like the words and has objection with the words, he says that Bharat Mata is goddess and she is compared to the goddess Durga. And, here she is told to be the home of such diseases, so, we have a strong objection to it."

Read the complete PIL Petition filed in the Court regarding this case

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)
IN THE MATTER OF :
Tajinder Pal Singh Bagga                             …PETITIONER   
VERSUS
Union of India & Anr.                            …RESPONDENTS
INDEX

SR. No.    PARTICULARS    PAGE NO.
1.        NOTICE OF MOTION
   
2.        URGENT APPLICATION
   
3.        MEMO OF PARTIES
   
4.        SYNOPSIS AND LIST OF DATES
   
5.        WRIT PETITION (PIL) UNDER ARTICLE 226 OF CONSTITUTION OF INDIA SEEKING WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT SEEKING DIRECTIONS TO RESPONDENT No. 1 and 2 TO IMPOSE COMPLETE BAN ON THE SONG “BHARAT MATA” IN THE UPCOMING MOVIE “SHANGHAI”
RELEASING NATIONWIDE ON 8/6/2010, AND ALSO PASS APPROPRIATE
ORDERS FOR REMOVAL OF THE SONG FROM ALL INTERNET
 PORTALS OR ON ANY OTHER PUBLIC DOMAIN OR ANY
OTHER PUBLICATION MEDIUM (PRINT OR ELECTRONIC)
AND FURTHER PASS ORDERS FOR STOPPING ANY BROADCAST
OF SAID SONG ON ANY TV CHANNEL OR RADIO AND FURTHER
 SEEKING COMPLETE BAN ON SALE OF AUDIO/VIDEO
 CD’s OF SAID MOVIE “SHANGHAI” WHICH CONTAINS
THE SAID SONG “BHARAT MATA”
   
6.        ANNEXURE P-1
CD CONTAINING SONG “BHARAT MATA KI JAI” FROM THE MOVIE “SHANGHAI” PRODUCED AND DIRECTED BY DIBAKAR BANERJEE
   
7.        ANNEXURE P-2
VIDEO CD CONTAINING INTERVIEW OF DIRECTOR THE
UPCOMING MOVIE “SHANGHAI”
   
8.        INTERIM APPLICATION SEEKING STAY ON
MOVIE “SHANGHAI”
   
9.        VAKALATNAMA   
                               
Tajinder Pal Singh Bagga

New Delhi                                Through
Dated                                   
       Vikas Padora, Rita Hingmang
1/35, 1st Floor
Double Storey
 Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :
Tajinder Pal Singh Bagga
s/o Shri. Preet Pal Singh                            …Petitioner
r/o 11/35B, 1st Floor
Tilak Nagar
New Delhi-18
VERSUS

1)    Union of India
Through it Chief Secretary
Ministry of Information and Broadcasting
A-Wing, Shastri Bhawan
Dr. Rajender Prasad Marg
New Delhi-110001                        …Respondent No. 1


2)    Central Board of Film Certification
Through its Chairman
Bharat Bhawan
91-E, Walkeshwar Road
Mumbai-400006                        …Respondent No. 2
                URGENT  APPLICATION
To,
    THE REGISTRAR,
OF THE HIGH COURT OF DELHI,
AT NEW DELHI.
Sir,

Kindly treat the accompanying petition as an urgent one as per the Delhi High Court Rules.
    The ground of urgency is that on 8/6/2012 the movie “Shanghai”
will be released nation-wide and the said movie contains a song “Bharat Mata Ki Jai”
which is highly defamatory to India, as a Nation and also offensive to any Indian citizen,
and present petition seeks stay on the said movie till the said offensive song is
completely removed from the said movie.
    It is most humbly prayed.
                                            
New Delhi                            Tajinder Pal Singh Bagga
Through
Dated                                    Vikas Padora, Rita Hingmang
1/35, 1st Floor
Double Storey
 Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)
IN THE MATTER OF :

Tajinder Pal Singh Bagga                             …PETITIONER   
   
                    VERSUS

Union of India & Anr.                            …RESPONDENTS

MEMO OF PARTIES
Tajinder Pal Singh Bagga
s/o Shri. Preet Pal Singh                            …Petitioner
r/o 11/35B, 1st Floor
Tilak Nagar
New Delhi-18

VERSUS

1)    Union of India
Through it Chief Secretary
Ministry of Information and Broadcasting
A-Wing, Shastri Bhawan
Dr. Rajender Prasad Marg
New Delhi-110001
New Delhi                            …Respondent No. 1


2)    Central Board of Film Certification
Through its Chairman
Bharat Bhawan
91-E, Walkeshwar Road
Mumbai-400006                        …Respondent No. 2



    
New Delhi                            Tajinder Pal Singh Bagga
Through
Dated
                        Vikas Padora, Rita Hingmang
1/35, 1st Floor
Double Storey
 Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga                             …PETITIONER   
                   
VERSUS

Union of India & Anr.                            …RESPONDENTS

NOTICE OF MOTION
To,

1)    Union of India
Through it Chief Secretary
Ministry of Information and Broadcasting
A-Wing, Shastri Bhawan
Dr. Rajender Prasad Marg
New Delhi-110001
New Delhi                            …Respondent No. 1


2)    Central Board of Film Certification
Through its Chairman
Bharat Bhawan
91-E, Walkeshwar Road
Mumbai-400006                        …Respondent No. 2




Please take note that the above noted matter will be listed on __/__/2012  
before the Hon’ble High Court of Delhi. It is, therefore, requested to you
to please enter your appearance on the said date.


Tajinder Pal Singh Bagga

New Delhi                                           Through

Dated                                        Vikas Padora, Rita Hingmang
1/35, 1st Floor
Double Storey
 Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702

SYNOPSIS

An ancient Sanskrit verse reads:
Ratnakaradhautapadam Himalyakirtitinim
Brahmarajarsiratnamdhyam vande Bharatamataram II
“I pay my obeisance to mother Bharat, whose feet are being a washed by the
ocean, who wears the mighty Himalaya as her crown, and who is exuberantly
adorned with the gems of traditions set by Brahmarsis and Rajarsis”

The abovementioned verse is evident that the term “Bharat-Mata” has been used
in Indian culture and tradition since ages, though most of the use of the term came
 into existence in 19th century, during the great Indian Freedom struggle.
The term “Bharat-Mata” is evident on the point that India is not only a piece of land, but a divine land, a land whom Indians worship as mother and goddess. The term “Bharat Mata”
 has not only religious significance but also has national and political significance. Where on one hand, the Land was always worshipped since Vedic periods, there on another hand the term “Bharat Mata” was used by freedom fighters.
The term “Bharat Mata” is not only a term which can be used loosely whenever convenient, but it has become a term synonym for India. Slogans of “Bharat Mata ki Jai” is often invoked to show respect towards the nation and it is a well known fact that even Indian Army uses the term
“Bharat Mata ki Jai” to show the spirit of sacrifice for the nation.
    Indian cinema has produced many movies and songs which praises “Bharat Mata”
and ignites the sense of patriotism in hearts of the listeners. It can be safely concluded that the term
“Bharat Mata” has become a symbol of national pride and honour. It is most pertinent to mention that even the national song of India “Vande Mataram”, which was composed by Bankim
 Chandra Chattopadhyay in his novel Anandmath written in 1882, was derived from a ancient Sanskrit verse (mentioned above) which identified India/Bharat as “Bharat-Mata/Mother-India” and was praised and worshipped. The novel Anandmath also presents India as “Bharat Mata”
and is shown as image of Goddess Durga.
    It is also pertinent to mention that term “Bharat Mata” has not remained confined only upto the books and novels, but has turned into a form of Goddess and symbol of national pride and honour. There are many temples which have been dedicated to “Bharat Mata”. Two prominent temples of “Bharat Mata” are in Haridwar and another in Varanasi.
    There are emotions of millions of Indians attached to the term “Bharat Mata”
who are proud to be Indians and find proud to call themselves sons of soil of India. There are emotions of millions attached  to the term as it reminds them of the freedom struggle,
where their forefather laid down their lives for the honour of term “Bharat Mata”.
    But when any insulting remark is made on “Bharat Mata” or the term is used in any derogatory sense, it is bound to hurt the emotions of millions of Indians, who consider the
 Land of India as Mother/Goddess. The term “Bharat Mata”, which should be always cherished, respected, protected and honoured, when insulted and disrespected, is bound to
 result in public outburst.
    “Shanghai” is an upcoming bollywood movie, to be released in India and
 worldwide on 8/6/2012. The said movie has a song which goes as under:
“Bharat Mata ki……
Bharat Mata ki  tum jai bolo
Jai Bharat Mata ki jai
Sone ki chidiya
Dengue Malaria
Gud bhi hai Gobar bhi
Bharat Mata ki jai”
    It is evident from the aboesaid verse of the song that “Bharat Mata”
has been presented in most humiliating, outraging and most insulting manner.
The insulting and outraging words used in song to designate “Bharat Mata” clearly
shows that the writer has least love and respect for India as Nation, and more
particularly for the term “Bharat Mata”, the term which has actually boosted and driven the entire Great Indian Freedom Struggle. The writer has not only brought disgrace to
himself by outraging the pride and honour of India/Bharat Mata, but is also bent upon to bring disgrace upon millions of Indians and insult their emotions by releasing the
song in India and Worldwide. The writer, with intentions to earn private financial profits, has completely ignored and insulted the emotions of millions of Indians who,
despite many diversities and differences, feel proud be called as Indians.
The writer has completely ignored the fact that the term “Bharat Mata” is a source of inspiration and reason to be proud of, to millions of patriot Indians and also to millions of
Indian Armymen, who are taught to respect and protect the land even before their own real mothers. It is evident that the writer has written the song with a sense of shame, hatred
 and disgust towards India, and which shows how unworthy he is, to be called as an Indian Citizen.
    To add insult to injury, even Respondent No. 2 (Censor Board) has passed
the said song for broadcasting. It is pertinent to mention that earlier the song
was objected upon by Respondent No. 2 (Censor Board) and producer/director
of movie was directed to edit or delete the song, but later on somehow Censor Board allowed the song to continue in its same shape and lyrics. The reasons are unknown,
 but visibly obvious.
    In a TV interview, the producer/director of the movie, who has also written
the impugned song, was found saying that the said song “Bharat Mata” shall be
 edited or deleted only if Court orders. It is clear from the said interview that movie
directors and producers have innovated a new method to promote their movies
through the Court cases. Such producers/directors have started to make Courts as
their platforms to promote their movies, as in Court cases these movies get a
publicity (positive or negative, whatever) through media. Such indirect method
of publicity by such directors/movies should be discouraged by passing
appropriate and strict orders against the movie “Shanghai”
Hence, this Public Interest Litigation Petition.

LIST OF DATES

DATES                                     EVENTS

May 2012    Song “Bharat Mata” released on internet and through audio
CD’s from the upcoming movie “Shanghai”

8/6/2012    Movie “Shanghai” to be released nation wide

__/___/2012    Hence, this PIL



IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga                             …PETITIONER   
   
                   
VERSUS

Union of India & Anr.                            …RESPONDENTS

WRIT PETITION (PUBLIC INTEREST LITIGATION) UNDER ARTICLE 226 OF CONSTITUTION OF INDIA SEEKING WRIT OF MANDAMUS
OR ANY OTHER APPROPRIATE WRIT SEEKING DIRECTIONS TO
RESPONDENT No. 1 and 2 TO IMPOSE COMPLETE BAN ON THE SONG
“BHARAT MATA” IN THE UPCOMING MOVIE “SHANGHAI” RELEASING NATIONWIDE ON 8/6/2010, AND ALSO PASS APPROPRIATE ORDERS FOR REMOVAL
OF THE SONG FROM ALL INTERNET PORTALS OR ON ANY OTHER
PUBLIC DOMAIN OR ANY OTHER PUBLICATION MEDIUM (PRINT OR ELECTRONIC) AND FURTHER PASS ORDERS FOR STOPPING ANY BROADCAST OF
SAID SONG ON ANY TV CHANNEL OR RADIO AND FURTHER SEEKING
 COMPLETE BAN ON SALE OF AUDIO/VIDEO CD’s OF SAID MOVIE
“SHANGHAI” WHICH CONTAINS THE SAID SONG “BHARAT MATA”

To,
The Hon’ble Chief Justice
And His Companion Judges,
Of Delhi High Court,
At New Delhi
The Humble Petition of the Petitioner Above named
MOST RESPECTFULLY SHOWETH:
1.    That the present Writ Petition is being filed as Public Interest Litigation, under
Article 226 of the Constitution of India, seeking directions to respondent no.
1 and 2 to impose complete ban on the song “bharat mata” in the upcoming movie “shanghai”
releasing nationwide on 8/6/2010, and also pass appropriate orders for removal of the song from all internet
portals or on any other public domain or any other publication medium (print or electronic) and further pass orders for stopping any broadcast of said song on any tv channel or radio and further seeking complete ban on sale of audio/video cd’s of said movie “shanghai”
which contains the said song “bharat mata”. The petitioner has no personal interest in the present PIL and is guided by general-interests of society at large, and hence has no ulterior motive in filing the present PIL.
2.    That the petitioner is presently working as president of youth organization
“Bhagat Singh Kranti Sena” a organization working on the issues like awareness
against corruption, awareness among youth regarding social issues, awareness of
 rights and duties
of youth towards their nation etc. and having its office at 11/35B, Tilak Nagar,
New Delhi-18. Apart, petitioner is also a social activist and has carried out many
 protests against various social issues and national issues and hence competent to
present this PIL.
3.    That the PIL has been filed for general benefit of public at large as the petition
 brings out the general cause regarding the pride and honour of our nation India and
 is intended to restrain certain malicious people from bringing pride and honour
of India into disrepute and disrespect.
4.    That the present PIL is confined only to the issues of general public interests
and petitioner has no personal interests in the cause.
5.    That the petitioner is the president of Youth Organization “Bhagat Singh Kranti Sena”
a social awareness organization and also a social activist and hence competent to espouse
 the cause in present PIL and in case costs are imposed by this Hon’ble Court,
same shall be paid by petitioner himself.
6.    That the petitioner has given a written complaint dated 3/5/2012 to police also in this regard but no action was taken by the police as the matter apparently falls into the jurisdiction of Respondent No. 1 and 2. Petitioner had also given representation dated 8/5/2012 to respondent no. 2 but no action was taken by Respondent no. 2 and hence petitioner has no other option but to approach this Hon’ble Court and hence the only appropriate remedy is by way of PIL.
7.    That the petitioner has previously filed one Writ Petition/PIL before this
Hon’ble Court, bearing W.P. (Civil) No. 1051 of 2012, and apart from said Writ Petition (PIL), no other PIL or Writ Petition is ever filed in any other High Court or Hon’ble Supreme Court of India.
8.    FACTS LEADING TO THIS WRIT PETITION:
a)    That the petitioner is presently working as President of “Bhagat Singh Kranti Sena”
 and as a social worker and is preferring present PIL to bring out a issue before this
Hon’ble Court, which if ignored, may result in brining the national pride and honour of India in disrepute and disrespect. And it is most respectfully if any appropriate action is
not taken by Respondent No. 1 and 2, it may result in an ugly situation and hence present petition has been filed on urgent basis in the vacations of Hon’ble High Court.
b)    That the Respondent no. 1 is Union of India, Through its Chief Secretary,
Ministry of Information and Broadcasting and hence responsible for overall functioning of broadcasting affairs, regulatory or any other kind in nature, all over India.
c)    That the Respondent no. 2 is Censor Board of India
(Central Board for Film Certification) and is responsible for all fitness
certificates and permissions granted to movies released in India
d)    That it is most respectfully submitted that on 8/6/2012, a new
bollywood movie “Shanghai” is scheduled to be released nationwide.
e)    That the said movie “Shanghai” is produced and directed by
Mr. Dibakar Banerjee. Said Mr Dibakar Banerjee has also given lyrics of the song-in-question “Bharat Mata” in the said movie.
f)    That it is most respectfully submitted that the said movie “Shanghai” has a song (Bharat Mata) in it, which is impugned in the present PIL. The lyrics of the said song has been given by the Producer and Director of the movie Mr. Dibakar Banerjee. The said song has
tendency of bringing national honour and pride of India and any common
Indian with even bit of patriotic feelings, into hatred, disrespect and disrepute. The CD containing songs of movie “shanghai” dated NIL is annexed herein as ANNEXURE P-1.
The following are the main lyrics of the said song “Bharat Mata”:
“Bharat Mata ki……
Bharat Mata ki  tum jai bolo
Jai Bharat Mata ki jai
Sone ki chidiya
Dengue Malaria
Gud bhi hai Gobar bhi
Bharat Mata ki jai”
g)    That it most respectfully submitted that the said movie “Shanghai” is
scheduled to be released on 8/6/2012, and the audio CD’s of the songs of movie are already available for sale and the songs are also available on internet for free audience and downloading. It is further submitted that the said movie alongwith its songs, including
“Bharat Mata”, is scheduled to be released internationally on various dates in the month of June and shall also be telecasted in film festival at IIFA at Dubai on 7th or 8th of June.
h)    That it is most respectfully submitted that apart from release
 if movie in India, the movie shall be released worldwide in the month of June and it is no doubt obvious that the movie shall also carry English sub-titles for foreign audience and viewers. It is further submitted that the English subtitles of the song “Bharat Mata” may appear in following fashion:
“Say victory to such Bharat Mata
Bharat Mata’s victory
Which claims to be a golden sparrow
But, which actually is nothing but home of Dengue and Malaria (illenesses)
It is sugar but is actually like a dung (animal waste)
Say victory to such Bharat Mata”

i)    That it is most respectfully submitted that the abovesaid translation is
 merely a probable translation of the song and it may or may not appear in
 exact wordings in english (any other language) subtitiles, when the movie
 shall be released worldwide, but whatever exact or similar translation is
given to the said song, the song shall bring the National
Honour of India into contempt, disrepute, disrespect, disgust and public
insult on international platforms. It is most respectfully submitted that the
said song has tendency of depicting India as home to illnesses, misery and disgust.
j)    That the said song has been written with clear intentions to outrage the
 national honour and pride on any reasonable Indian having even small sense of patriotism.
k)    That it is highly shameful that the movie directors and producers can go
to this extent, that just as to promote their movies they put the national honour on stake, in India and also on the international platforms.
l)    That it is most respectfully submitted that directors/producers/promotional
 team of any new movie makes many innovative ideas to promote their new movies
 but it should be kept in notice that promotional stunts should be confined only to
some certain limits, and should not transgress the limits of morality, decency and brining national honour in disrespect,
either in India or on International arenas. The right to speech is guaranteed but the
 said right is not absolute and has certain restrictions as per Constitution of India.
The song has brought National honour and respect of any reasonable India into disrespect and contempt.
m)    That it is further pertinent to mention that even Respondent No. 2 (Censor Board)
had earlier objected to the said lines of the song and directed the film director/producer
to delete it as it was against notional honour. The said action of Respondent No. 2 was
widely covered by media, written and electronic. But surprisingly, director/producer
did not delete the said portion not amended it and the song was released as it, more
surprisingly, Respondent No. 2 (Censor Board) passed it this time. The reasons are unknown but not unobvious.
n)    That it is further most respectfully submitted that film directors/producers have innovated a new method of promoting their movies. These producers/directors, first include something very objectionable in their movies and even on the directions of Censor Board don’t remove such materials. And they delete or amend such materials only on directions of Courts, on some PILs or other petition filed by some public spirited persons. Hence, it is very apparent that
 these producers/directors have started to use Law and Courts as their promotional platform to promote their movies, as these court cases are widely covered by news media.
It is most respectfully submitted that said promotional stunts     of film producers/ directors
 should be discouraged and some strict action should be taken to send a clear message to such producers/directors. In the present case also the producer/director
Mr. Dibakar Banerjee has done something similar. He has clearly defied the directions of Respondent No. 2 (Censor Board) and released the impugned song in its original form and then in a TV interview he said that song with will be deleted or amended only upon a court order. The CD containing interview of producer/director of movie “Shanghai” is annexed hereby as ANNEXURE P-2
o)    That it is most respectfully submitted that not only the song from the movie
 “shanghai” should be banned but also the movie should be stayed till the removal of the song from the movie and till the new audio CD’s of the movie are not launched in market, after deleting the said song.
p)    WHAT IS BHARAT MATA:
i)    That since time immemorial in Indian culture, the earth, the land is considered
as Mother/Mata. The land is worshipped, as it has always been given the
status of Goddess/Mother/Mata. The fact is evident from the fact that whenever any new land is purchased or received, there is a ceremony known as “bhumi-pujan”,
which means worship of the land.
ii)    That it is most respectfully submitted that in India, earth (mitti)
is also considered as a form of mother/mata, and is often worshipped on many occasions in many regions.
iii)    That it is most respectfully submitted that since ages, earth is believed and considered liked a mother, and termed as “mother-earth” who gives birth to all the flora, fauna, humans and everything else including landscapes, rivers, seas, mountains etc, and then nourishes them like a mother does, and in Indian traditions it is called “Dharti-Mata”
iv)    The origin of earth as mother can be traced back in Indian Culture
 when Lord Brahma created the universe and also created Earth as his daughter and she was directed to give birth to flora, fauna, rivers, seas, deserts, mountains etc. Since those times Earth is considered as mother of all things which are on earth.
v)    That it is most respectfully submitted that India is not only a country
 with political dimensions, it is infact home to many cultures, traditions,
customs, languages living together under one roof. Despite many changes,
 political or geographical, the tradition of considering earth as mother has not changed with times.
The earth was worshipped ever since centuries and is still being worshipped as mother.
vi)    That so as to explain the concept of Bharat-Mata, it is pertinent to mention that,
when Britishers ruled India it was considered in India that Britishers are foreign enemies who have invaded the land of India and such invasion was considered as invasion into the
mother itself. And when it was here when seeds of term “Mother-India”/ “Bharat-Mata”
were sown. It is no doubt true that whole earth is considered as mother (mother-earth),
but after many new nations came into existence, the world was divided into many political boundaries and lands were assigned to such nations accordingly. And accordingly
 Indians started to consider India as mother-land and continued to worship the land
now known as “Bharat-Mata”/ “Dharti-Mata”.
vii)    That it is most respectfully submitted that apart from having religious or traditionally beliefs about land considered as mother in India, the land is considered as mother even in patriotic sense. When the land is worshipped in religious sense, it is known as “Dharti-Mata”, and when land is worshipped in patriotic sense, it is called “Bharat-Mata”
viii)    That the term “Bharat-Mata” should not considered just as a word or a substitute of term “Dharti-mata”, but infact the term “Bharat-Mata” is sign of India’s struggle for freedom, when thousands of Indians laid down their lives in the name of “Bharat-Mata” and when even today our brave soldiers protect the borders with only one word on their lips i.e “Bharat-Mata”
j)    That the term “Bharat-Mata” is not only a word which should be loosely used in any context whenver convenient, but it is the proof of emotional, religious, traditional
values of Indians who consider the land as their mother, and such land is considered as mother and nourishr of all the things which are present all over India like Humans, animals,
flora, fauna, mountains, deserts, rivers, seas, land, soil, greenry and everything else.
k)    That it is pertinent to mention that during freedom struggle, “Bharat-Mata”
was even pictured on the Indian flags, thereby showing that the struggle for freedom was not only for a name called “India” but for the land whom Indians call as mother i.e Bharat Mata.
l)    That it is most respectfully submitted that there are many temples in India which have been dedicated to “Bharat-Mata” and hence it is evident that Indians have placed “Bharat-Mata” as form of Goddess herself. And the said fact is also proved by the reading of Vedas and puranas also.
m)    That whenever “Bharat-Mata” is depicted in pictures and paintaings, she is shown standing across India, with flag of India in one hand and other hand raised for blessings.
n)    That it is written in an ancient Hindu verse:
Ratnakaradhautapadam Himalyakirtitinim
Brahmarajarsiratnamdhyam vande Bharatamataram II
“I pay my obeisance to mother Bharat, whose feet are being a washed by the ocean, who wears the mighty Himalaya as her crown, and who is exuberantly adorned with the gems of traditions set by Brahmarsis and Rajarsis”
o)    That it is evident from the above reading that the term “Bharat-Mata” hasn’t remained only as Word, but has attained a status, larger then life. It has become a term which reminds every Indian, our freedom struggle, when our forefathers laid down their lives. It has become a
synonym for National Honour and respect. The term is morale-booster for Indian soldiers on borders who stand day-and-night to guarn Indian borders from enemy infiltrations.
p)    That it is most respectfully submitted that when any derogatory term is used against concept of “Bharat-Mata” or if the concept “Bharat-Mata” is used in any derogatory
sense, it is not only offensive to any common Indian with reasonable patriotism but is also a slap on the face of national honour, and it is like an insult shown to freedom struggle of our forefathers.
q)    That it is no doubt true that every country has some good qualities and
also some negative issues, but it is not at all justified that a citizen should make fun of the country in local or international platforms. Moreover, it is most shameful when such
comments are directed against the national honour just for earning some monetary profits. The solution is not in insulting the national honour but in contributing towards the development.
r)    That the producer/director has intentionally brought National Honour
of India into disrepute and has insulted the freedom struggle of Indians by depicting “Bharat-Mata” as home of dengue and malaria and bundle of dung (gobar).
s)    That the producer/director has brought the patriotic feelings of many Indians into contempt and has attempted to sell national honour for his personal monetary profits.
GROUNDS
A)    BECAUSE the impugned song of upcoming movie “Shanghai” has brought the national honour and pride into disrepute, disrespect and contempt
B)    BECAUSE the impugned song of upcoming movie “Shanghai”
has insulted the symbol of great Indian freedom struggle by tarnishing the image of ‘Bharat Mata’
C)    BECAUSE respondent no. 2 has committed a grave error in permitting/passing the song “Bharat Mata” while knowing that the song is offensive to any Indian with even a
small sense of patriotism
D)    BECAUSE the song is insulting in nature and if released in India or on
 International platforms, shall bring insult to national honour and dignity
E)    BECAUSE the impugned song “Bharat Mata” has hurt many people who are patriotic in nature
9)    That the Petitioner craves leave of this Hon’ble Court to add, alter or amend any of the above grounds and to file Additional affidavit at a later stage if so advised.
11)    That no other petition seeking the same relief has been moved or pending before this Hon’ble Court or any other Court including Supreme Court of India. The present Writ Petition is bona-fide and made in the interest of justice.
P R A Y E R

In the facts and circumstances of the case, as mentioned above, it is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:
A.    pass an order directing respondent no. 1 and 2 to impose complete ban on song (Bharat Mata) of movie “Shanghai”; and
B.    pass an order directing respondent no. 1 and 2 to take steps and completely
ban the sale of audio CDs of movie “Shanghai” which contains the song “Bharat Mata”; and
C.    pass an order directing respondent no. 1 and 2 to impose complete ban on playing/broadcast of song “Bharat Mata” on any TV channel, radio, Internet portals or on any other
 platform whatsoever; and
D.    pass an order directing respondent no. 1 and 2 to stop the broadcast of movie “Shanghai” in any cinema hall across India, if it contains the song “Bharat Mata”; and
E.    pass any other order/orders which this Hon’ble Court may deem fit and proper.
FOR THIS ACT OF KINDNESS THE PETITIONERS/APPLICANTS HEREIN AS IN DUTY BOUND SHALL EVER PRAY                       
New Delhi                                Through
Dated
                        Vikas Padora, Rita Hingmang
1/35, 1st Floor
Double Storey
 Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga                             …PETITIONER   
   
                   
VERSUS

Union of India & Anr.                            …RESPONDENTS


AFFIDAVIT IN SUPPORT OF THE PETITION

I, Tajinder Pal Singh Bagga, s/o Shri Preet Pal Singh,  aged about 26 years r/o, 11/35B, 1st Floor, Tilak Nagar, New Delhi-18, do hereby solemnly affirm and declare as under: -
1)    That I am the petitioner in the present petition.
2)    That I have filed the present petition as a Public Interest Litigation.
3)    That I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof.
4)    I have no personal interest in the litigation and neither myself nor anybody is interested would in any manner benefit from the relief sought in the present litigation save a member of General Public. The petition is not guided by self-gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition.
5)    I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/material which was available and which was relevant for this Court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material/information which may have enabled this Court to form an opinion whether to entertain this petition or not and/or whether to grant and relief or not.
6)    The contents of the Petition are also explained to me in Hindi.
7)    That I have not moved any other similar petition before the Hon’ble Supreme Court of India or this Hon’ble Court or any other High Court.


   D E P O N E N T

VERIFICATION

Verified at New Delhi, this the ____day of______2012 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

  
 D E P O N E N T

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Civil Misc. Application No. ______ of 2012
IN
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga                             …PETITIONER   
   
                   
VERSUS

Union of India & Anr.                            …RESPONDENTS

APPLICATION SEEKING AD INTERIM STAY ON MOVIE “SHANGHAI” DURING THE PENDENCY OF THE PRESENT WRIT PETITION

To,
The Hon’ble Chief Justice
And His Companion Judges,
Of Delhi High Court,
At New Delhi
The Humble Petition of the Petitioner Above named
MOST RESPECTFULLY SHOWETH:
1.    That the present application has been filed in the present Writ Petition seeking ad interim stay on the release and broadcasting of movie “Shanghai” during the pendency of the present Writ Petition.
2.    That the detailed facts of the Writ Petition are mentioned herein again for the sake of brevity and present application may be read as part and parcel of main Writ Petition.
3.    That it is most respectfully submitted that it is highly shameful that the movie directors and producers can go to this extent, that just as to promote their movies they put the national honour on stake, in India and also on the international platforms.
4.    That it is most respectfully submitted that directors/producers/promotional team of any new movie makes many innovative ideas to promote their new movies but it should be kept in notice that promotional stunts should be confined only to some certain limits, and should not transgress the limits of morality, decency and brining national honour in disrespect, either in India or on International arenas. The right to speech is guaranteed but the said right is not absolute and has certain restrictions as per Constitution of India. The song has brought National honour and respect of any reasonable India into disrespect and contempt.
5.    That it is further pertinent to mention that even Respondent No. 2 (Censor Board) had earlier objected to the said lines of the song and directed the film director/producer to delete it as it was against notional honour. The said action of Respondent No. 2 was widely covered by media, written and electronic. But surprisingly, director/producer did not delete the said portion not amended it and the song was released as it, more surprisingly, Respondent No. 2 (Censor Board) passed it this time. The reasons are unknown but not unobvious.
6.    That it is further most respectfully submitted that film directors/producers have innovated a new method of promoting their movies. These producers/directors, first include something very objectionable in their movies and even on the directions of Censor Board don’t remove such materials. And they delete or amend such materials only on directions of Courts, on some PILs or other petition filed by some public spirited persons. Hence, it is very apparent that these producers/directors have started to use Law and Courts as their promotional platform to promote their movies, as these court cases are widely covered by news media. It is most respectfully submitted that said promotional stunts     of film producers/ directors should be discouraged and some strict action should be taken to send a clear message to such producers/directors. In the present case also the producer/director Mr. Dibakar Banerjee has done something similar. He has clearly defied the directions of Respondent No. 2 (Censor Board) and released the impugned song in its original form and then in a TV interview he said that song with will be deleted or amended only upon a court order.
7.    That the present application is bona-fide and made in the interests of Justice.
P R A Y E R


In the facts and circumstances of the case, as mentioned above, it is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:
A.    pass an order granting ad interim stay on the release and broadcasting of movie “Shanghai” during the pendency of the present Writ Petition:and
B.    pass an order granting ad interim stay on the release and broadcasting of movie “Shanghai” until the song “Bharat Mata” is not removed/deleted from the movie; and
C.    pass an order granting ad interim stay on release and broadcasting of movie “Shanghai” until all the audio CD’s of the movie “Shanghai” are not withdrawn from sale and edited accordingly with song “Bharat Mata”  removed from such CD’s; and
D.    pass any other order/orders which this Hon’ble Court may deem fit and proper.

FOR THIS ACT OF KINDNESS THE PETITIONERS/APPLICANTS HEREIN AS IN DUTY BOUND SHALL EVER PRAY                       
New Delhi                                Through
Dated
                        Vikas Padora, Rita Hingmang
1/35, 1st Floor
Double Storey
 Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702

IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Civil Misc Application No. ________ of 2012
IN
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga                             …PETITIONER   
                       
VERSUS

Union of India & Anr.                            …RESPONDENTS

AFFIDAVIT IN SUPPORT OF THE PETITION

I, Tajinder Pal Singh Bagga, s/o Shri Preet Pal Singh,  aged about 26 years r/o, 11/35B, 1st Floor, Tilak Nagar, New Delhi-18, do hereby solemnly affirm and declare as under: -
1)    That I am the petitioner in the present interim application.
2)    That I have filed the present application in main Writ Petition as a Public Interest Litigation.
3)    That I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof.
4)    I have no personal interest in the litigation and neither myself nor anybody is interested would in any manner benefit from the relief sought in the present litigation save a member of General Public. The petition is not guided by self-gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition.
5)    I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/material which was available and which was relevant for this Court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material/information which may have enabled this Court to form an opinion whether to entertain this petition or not and/or whether to grant and relief or not.
6)    The contents of the application are also explained to me.
7)    That I have not moved any other similar petition before the Hon’ble Supreme Court of India or this Hon’ble Court or any other High Court.


   D E P O N E N T

VERIFICATION

Verified at New Delhi, this the ____day of______2012 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

  
 D E P O N E N T
______________________________________________________________________

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Tuesday, June 05, 2012

Tags -  Bharat Mata Ki Jai Song PIL