Amazon Prime exec gets no relief in Tandav case; HC contrasts Western & Hindi filmmakers

There was no relief for Amazon Prime Video's India Originals head Aparna Purohit over a case of hurting religious sentiments with the streaming platform's web series Tandav. Rejecting her anticipatory bail application, the Allahabad High Court   highlighted that Western filmmakers were ‘refraining’ from ridiculing religious figures, but Hindi filmmakers were insulting Hindu gods and goddesses. It also noted that Purohit had acted ‘irresponsibly’ by allowing the screening of the venture, that hurt sentiments.   

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Amazon Prime executive head gets no relief in Tandav case

Aparna Purohit and other persons involved with Tandav had been booked by the Uttar Pradesh Police after a person named Balbir Azad from Noida had alleged depiction of Uttar Pradesh police personnel in poor light, and inappropriate portrayal of Hindu deities and a character playing the Prime Minister, in this complaint. 

Purohit had been granted anticipatory bail by the court on February 11, but a single-judge bench of Justice Sidharth held that she was not cooperating with the case.   

The judge noted that 'tendency' of Hindi filmmakers to showcase Hindu gods and godesses in 'disrespectful manner and subverting image of historical and mythological personalities was ‘growing’ and had to be curbed as it could have ’distastrous consequences.’

"Western filmmakers have refrained from ridiculing Lord Jesus or the Prophet but Hindi filmmakers have done this repeatedly and are still doing this most unabashedly with Hindu gods and goddesses," the court observed. 

The statement continued, "This Court further takes notice of the fact that a number of movies have been produced which have used the name of Hindu gods and goddesses and shown them in disrespectful manner like in Ram Teri Ganga Maili, Satyam Shivam Sundram, P.K., Oh My God, etc. Not only this, efforts have been made to subvert the image of historical and mythological personalities as in Padmavati. The names and icons of faith of the majority community have been used to earn money (Goliyon Ki Rasleela Ram Leela)."

"This tendency on the part of the Hindi film industry is growing and if not curbed in time, it may have disastrous consequences for the Indian social, religious and communal order," the court observed.

The court rejected he petitioner's plea was that the web series was a 'work of fiction', and that there was no intention to outrage the religious feeling of any community.

The court observed, "The fact remains that the applicant had not been vigilant and has acted irresponsibly making her open to criminal prosecution in permitting streaming of a movie which is against the fundamental rights of the majority of citizens of this country."

"Therefore, her fundamental right of life and liberty cannot be protected by grant of anticipatory bail to her in the exercise of discretionary powers of this Court," the court further said.

The court also observed that the word Tandav was also offensive, and hurt the majority community. It pulled up the makers for attempt to widen the gap between the Scheduled Castes and upper castes. The court also stated that the youngsters could be influenced by such content and also highlighted the recent controversy in the arrest of comedian Munawar Faruqui.

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The counsel appearing on behalf of Uttar Pradesh had vehemently opposed the application, throwing light on 10 FIRs and four criminal complaints being filed against the web series in various parts of India to showcase that it was not just one person but many who found the series offensive.

Political thriller series Tandav, directed by Ali Abbas Zafar, and starring Saif ali Khan, Dimple Kapadia, among others, had sparked a row over a scene that allegedly hurt religious sentiments. The makers removed the scene after the controversy and issued an apology.  However, the court stated that it was not enough to absolve the accused of the offences commited. 

(With inputs from PTI)

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