No relief for Mahesh Manjrekar over obscene scenes in Marathi film case. Bombay HC hearing on Feb 28
India Today
An FIR has been registered against filmmaker Mahesh Manjrekar for allegedly showing obscene scenes involving minors in a Marathi film Nay Varan Bhat Loncha Kon Nay Koncha. No relief has been granted to the actor-director after he moved court.
The division bench of Justice SS Shinde and NR Borkar of the Bombay High Court refused to grant any protection to actor and filmmaker Mahesh Manjrekar and others associated with the Marathi film Nay Varan Bhat Loncha Kon Nay Koncha. The recently-released film allegedly contains sexually explicit content involving minors.
A special court in Mumbai had recently ordered the registration of a First Information Report (FIR) under the Protection of Children from Sexual Offences (POCSO) Act against Mahesh Manjrekar and the producers of the film. Following the order, an FIR was registered at the Mahim Police Station in Mumbai.
Advocate Shirish Gupte representing Mahesh Manjrekar and others argued, "The aim of POCSO is to save the children, their body and mind. In the film nothing has really happened to the boys. It is just a creation of art. The scenes shown in the trailer was never part of film. And the trailer was removed from YouTube."
Gupte also mentioned that there are Supreme Court judgments like in the case of film Bandit Queen where the courts have held that "such scenes should be seen so that society can be aware about such crimes.” He asked the court to see the scenes which were being called “obscene”. "We are not supposed to see, we just have to see the FIR," said the bench. However, Gupte argued, "Until and unless you see it, how will you be able to decide whether it is obscene. With due respect this is not the right view."
Mahesh Manjrekar, along with others, is seeking quashing of the FIR registered against them. The bench however said, "Let the police investigate." Gupta further argued, "There is no problem with investigation. Let them investigate, but there should not be any coercive action for making a piece of art."
The bench of High Court before which Mahesh Manjrekar’s petition should have been heard, was not sitting on Friday. It is because of this that Gupte had to argue before Justice Shinde's bench. After hearing Gupte's argument, the bench said that if the accused are arrested then they could file for bail, but they cannot give any protection. They further asked Gupte to go before a regular bench on Monday.
Gupte further stressed, "Please protect us until then. This is not a case of custodial interrogation. Let them justify that the custody is necessary. I am not representing a hardcore criminal but an artist."
