Biopic on PM Modi can't be released until May 19, SC refuses to interfere with EC order

The Supreme Court Friday refused to interfere with the Election Commission order which banned the release of a biopic on Prime Minister Narendra Modi until the ongoing Lok Sabha polls end on May 19. A bench headed by Chief Justice Ranjan Gogoi said it was not inclined to entertain the plea filed by the producer of the movie, 'PM Narendra Modi', challenging the EC's order.

The EC, in its report filed recently in the apex court, had said that the biopic was a "hagiography", which treats the subject with undue reverence, and its public screening during the election campaign would "tilt the electoral balance". "What survives in this now?" the bench, also comprising Justices Deepak Gupta and Sanjiv Khanna, asked senior advocate Neeraj Kishan Kaul who was appearing for the film producer.

Kaul told the bench that EC order was violative of the right to freedom of expression and also runs contrary to the clearance given to the movie by the Central Board of Film Certification (CBFC). "The issue is whether the movie can be exhibited at this time. The Election Commission has taken a decision. We are not inclined to entertain this," the bench said.

At the fag end of the hearing, Kaul told the bench that even the promo of the movie has been stopped from screening and the court should at least allow the exhibition of its trailer. The bench, however, did not say anything on this.

The Modi biopic, starring Vivek Oberoi, has been the most-talked-about movie this election season. Directed by Omung Kumar, it tells the story of Modi's rise to power from humble beginnings. The poll panel, in its 20-page report filed in the top court recently, had said that the biopic "produces a political environment where an individual acquired cult status" and it's public screening during the period when the model code of conduct is in operation would favour a particular political party.

The EC had said: "There are several scenes depicting a major opposition party as corrupt and showing them in poor light. Their leaders have been depicted in such a manner that their identification is clear and obvious to the viewers." It had said that the biopic was more than a biography and was a "hagiography" and the construct of the movie was "unabashedly uni-dimensional", which puts an individual on a higher pedestal through use of specific symbols, slogans and scenes.

The report was submitted after the apex court had on April 15 directed the EC to re-examine its earlier order and take an informed decision on banning the pan-India release of the biopic after watching the full movie. The EC had on April 10 stalled the release of the film until the end of the polls, asserting that any biopic material with the potential to disturb the level-playing field during elections should not be displayed.

The commission, in a separate order, had also directed the producers "not to exhibit the film titled 'PM Narendra Modi' till further orders". The film was earlier set to release on April 11. Acting on the complaints of political parties, including the Congress, the poll panel had also said that any poster or publicity material concerning any such certified content, which either depicts a candidate (including prospective) for the furtherance (or purported to further) of electoral prospects, directly or indirectly, shall not be put on display in electronic media in the area where model code of conduct is in force.

The Left parties had also opposed the release of the film, saying it would disturb level-playing field for other parties in the election and was in violation of the model code of conduct. The apex court had on April 9 disposed of a petition filed by Congress leader Aman Panwar seeking a stay on the release of the biopic, saying EC would be an "appropriate" place to seek the redressal.