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2022 DAILYLAW 958 (HP)

BHUPENDER SHARMA v. UNION OF INDIA AND OTHERS

CWP/965/2022 · 2026-05-13

Jyotsna Rewal Dua

body2022

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.965 of 2022 Decided on: 13th May, 2026 ------------------------------------------------------------------------------------- Bhupender Sharma …..Petitioner Versus Union of India and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Rajiv Rai and Mr. Kush Sharma, Advocates. For the Respondents: Mr. Rajinder Thakur, Central Govt. Counsel, for respondents No.1 and 3. Ms. Menka Raj Chauhan, Deputy Advocate General, for respondent No.2. Mr. Navneet Kumar Shukla (through video conference) and Mr. Anshul Jairath, Advocates, for respondents No.5 and 6, through proceeded ex-parte vide order dated 20.08.2025. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:- “(i) Issue a Writ of Mandamus or in the nature thereof, any other Writ or Order directing the respondents to frame guidelines/instructions/law for Restraining/ Prohibiting/Forbidding the practice of insulting our great leaders, freedom fighters, National Heroes and further the honour of the nation which is in contravention to the 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 Constitutional Provisions i.e. Article 51-A(a) and (b) and further amounts an offence under Section 2 of “The Prevention of Insults to National Honours Act, 1971” under Section 499 of Indian Penal Code. (ii) Issue a Writ of Mandamus or in the nature thereof, or any other Writ, Order directing the Respondents to remove all contents of the film “Why I killed Gandhi” from all online platforms. (iii) Issue a Writ of mandamus or in the nature thereof, or any other Writ, Order directing the Respondents prohibiting any further publication of the film “Why I killed Gandhi” or any of its contents in any manner whatsoever. (iv) Issue a Writ of mandamus or in the nature thereof, or any other Writ, Order directing the Respondent No.1 to bring in force such regulations/guidelines to effectively regulate the content being published on the OTT platform.” 2. The writ petition is in the nature of public interest, however, it has not been filed in consonance with the applicable Public Interest Litigation Rules. At this stage, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file afresh in accordance with law and applicable Rules. Granting such liberty, the present writ petition is disposed of as withdrawn. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua May 13, 2026 Judge Mukesh