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2025 DAILYLAW 104907 (PAT)

Neeraj Kumar v. The Union of India

CWJC/13942/2025 · 2025-12-12

Alok Kumar Pandey, Sudhir Singh

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13942 of 2025 ====================================================== Neeraj Kumar, male, aged about 42 years, S/o Arjun Prasad, Resident of Maya Mahal, Ram Lakhan Path, Near Ram Utsav Hall, Vishnupuri, Gardanibagh, Anisabad, Patna, Bihar-80002. ... ... Petitioner Versus 1. The Union of India through The Secretary, Ministry of Information and Broadcasting, New Delhi. 2. The Central Board of Film Certification (CBFC), through its Chairman, Films Division Complex, Phase-I Building, 9th floor, Dr. G Deshmukh Marg, Mumbai-400026. 3. The Bar Council of India New Delhi, through its Chairman, 21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi - 110002. 4. The Bihar State Bar Council, through its Chairman, Bar Council Bhawan, East of Patna High Court, Patna-800001. 5. The Star Studios 18, through its Managing Director, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai - 400013, India. 6. Kangra Talkies, through its Managing Director, Bldg 16, Flat 503, 5th Floor, Indra Darshan Chsl, Off New Link Road, Andheri West, Mumbai, Maharashtra, India, 400053. ... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Neeraj Kumar (In Person ) For the UOI (Res. Nos. 1&2): Mr. Alok Kumar, CGC For the Respondent No.5 : Mr. Sriram Krishna, Advocate : Mr. Shashank Shekhar Kunwar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 5 12-12-2025 The present writ application has been filed in the form of a Public Interest Litigation (PIL) for the following reliefs: “I. For issuance of appropriate Writ(s) directing the Respondents to forthwith, withdraw and cease all distribution, exhibition and circulation Patna High Court CWJC No.13942 of 2025(5) dt.12-12-2025 2/5 of the upcoming movie, teaser/trailer and promotional song titled "Bhai Wakeel Hai" of the movie "Jolly LLB 3" in the State containing derogatory and disrespectful content against the reputable judicial background and legal profession in the state. II. For issuance of appropriate writ(s) thereby commanding upon the respondent no.2 Central Board of Film Certification to immediately refrain from releasing of movie Jolly LLB 3 as it depicts the derogatory image of bench and bar in the film as cult out of the teaser/trailer of the movie and a promo song released across the social media platforms and to allow the screening, subject to the final outcome of this PIL. III. For further direction to the Respondents to ensure that no scene, dialogue or portrayal in the movie depicts judges, lawyers or court proceedings in a manner that undermines the dignity, respect and sanctity of the judicial institution. IV. For commanding upon the respondent production house to seek permission from the Respondents BCI and Bihar State Bar Council and to recommend necessary cuts and edits in the entire film which in the opinion of respondent BCI and Bihar State Bar Council is derogatory, defamatory, injurious and contemptuous in the eye of law to the functioning and image of the Bench & Bar of the state and entire legal fraternity. Patna High Court CWJC No.13942 of 2025(5) dt.12-12-2025 3/5 V. For further direction to the Respondent no. 2 to formulate comprehensive guidelines for film certification ensuring that movies do not portray constitutional institutions particularly the judiciary and legal profession in a derogatory, disrespectful or demeaning manner. VI. For further direction to the Respondents to issue a public apology for the disrespectful portrayal of the judiciary and legal profession in the said promotional content. VII. For further direction to the Respondents to ensure strict compliance with the provisions of the Contempt of Courts Act, 1971 and the Cinematograph Act, 1952 in all their future productions and certifications particularly the films related to legal background. VIII. For grant of any other relief(s) which the petitioner may be entitled to in the larger interest of the public and preservation of dignity of constitutional institutions.” 2. The petitioner has stated in paragraph 3 of the writ petition as follows:- “That the petitioner is the Citizen of India residing within its territorial jurisdiction of this Hon’ble Court so as to invoke its extra ordinary writ jurisdiction.” 3. The statement made in paragraph 3 of the writ petition does not satisfy the mandatory requirements prescribed Patna High Court CWJC No.13942 of 2025(5) dt.12-12-2025 4/5 under Chapter XXI-CC Rules 6 & 7 of the Patna High Court rules, 1916, which reads as under:- “6. To facilitate the aforesaid purpose, a petitioner in a PIL shall state in clear terms the relief prayed for in paragraph-1 of the petition and grounds in paragraph-2. In paragraph-3, he must give a full and complete detail of himself to reveal his interest, credentials and qualification relevant for the PIL, alongwith a declaration that he has no personal interest, direct or indirect, in the subject matter of PIL. In addition, ordinarily, the petitioner is required to set out all relevant facts with supporting datas, reports etc. 7. After arriving at a prima facie satisfaction regarding credentials of the petitioner and correctness of the contents of the petition, if the Court finds that the petition was filed by busy bodies for extraneous or ulterior motives, the Bench may impose exemplary costs.” 4. In view of the aforesaid, it is evident that the petitioner does not fulfill the criteria required under the Rules for maintaining a PIL. 5. Consequently, the present writ application cannot be treated as a Public Interest Litigation (PIL). 6. Accordingly, the present writ application stands dismissed. Patna High Court CWJC No.13942 of 2025(5) dt.12-12-2025 5/5 7. Pending application(s), if any, shall stand disposed of. Gaurav Kumar/- (Sudhir Singh, ACJ) (Alok Kumar Pandey, J.) U