HC reprieve for filmmaker Mahesh Manjrekar, others

The filmmaker and the producers claimed that the registration of the FIR was wrongly ordered by the special court without discussing the scenes or the merits of the case

Mumbai The Bombay high court (HC) on Tuesday restrained the Mumbai police from taking any coercive steps, like arrest, against filmmaker Mahesh Manjrekar and producers of a Marathi film in connection with an FIR registered for the alleged objectionable portrayal of children in the film.

The trio also sought interim protection from any coercive steps, as they were willing to cooperate with the investigators (HT PHOTO)

The division bench of justice Prasanna Varale and justice S P Tavade was hearing the petition of Manjrekar, Narendra Hirawat and Shreyansh Hirawat, seeking quashing of the FIR registered against them by Mahim police following an order of a special court in February to look into the complaint of Seema Deshpande, president of Bharatiya Stree Shakti, an NGO.

The filmmaker and the producers claimed that the registration of the FIR was wrongly ordered by the special court without discussing the scenes or the merits of the case. The trio also sought interim protection from any coercive steps, as they were willing to cooperate with the investigators.

Deshpande had complained that the trailer of the film “Nay Varan Bhat Loncha Kon Nay Koncha” released in January, had obscene scenes involving minors. Following the special court order, the police had thereafter registered an offence under sections 292, 34, of the (IPC) Indian Penal Code, section 14 of the Protection of Children from Sexual Offences Act (POCSO) and Sections 67, 67B of the IT Act against the trio.

Arguing for Manjrekar, senior advocate Shirish Gupte submitted that the objectionable scenes were not part of the film and the trailer had been taken down from YouTube since the complaint was submitted. He also argued that the film had been certified by the relevant authorities but since the registration of the FIR, the film had also been withdrawn.

Senior advocate Aaabad Ponda for the Hirawats submitted that they were apprehending arrest and hence sought interim protection from coercive steps and directions to the police to follow proper procedure.

Advocate Ashish Chavan for the complainant however opposed the prayers stating that the content of the trailer was explicit and offensive and hence the reliefs should not be granted. Chavan further submitted that the trailer should have been certified before being released as well.

Thereafter, the police assured the court that it would serve 72-hour notice to the trio and not resort to any coercive action till then.

After hearing the submissions, the bench observed that as the trailer was taken down and as the petitioners were willing to cooperate with the police, it was expected that the police would follow procedures in consonance with the Supreme Court guidelines and adjourned the hearing of the petitions.