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The Indian Express

⇱ Bombay High Court dismisses plea against ‘Raja Shivaji’, says title not derogatory


The Bombay High Court Thursday dismissed a PIL by a Telangana-based NGO seeking a stay on the May 1 release of Riteish Deshmukh-directed film Raja Shivaji for its allegedly “demeaning title”, saying it was not derogatory to the status of the Maratha emperor.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad was hearing the PIL seeking a stay on the release and directions to the Central Board of Film Certification (CBFC) to re-examine or review the title of the film.

The Public Interest Litigation filed by Shree Chhatrapati Shivaji Maharaj Foundation, seeking inclusion of “Chhatrapati” in the title, claimed it was “not a mere decorative title but a declaration of independence and sovereignty.” The NGO claimed that the title ‘Chhatrapati’ is no different from ‘Chhatrapati Shivaji Maharaj,’ as it is what he stood for and fought for. The PIL also sought inclusion of the “Chhatrapati” in the film title.

The bench observed that the PIL “doesn’t seem to be espousing any public cause”. “There is a statutory framework under which the CBFC issues certificates for the production, screening and broadcast of the movie. We find that the petitioner, who claims to be the founder and chairman of the Foundation, doesn’t disclose any public service so far done by him,” the bench said.

“In our opinion, the title of the movie in no manner is derogatory to the status of Chhatrapati Shivaji Maharaj. A PIL, originated with the guiding philosophy to ensure that the voice of the voiceless is heard in a court of law, seems to have been reduced by a petition like the present one and is dismissed,” the HC held.

“As perceived in common parlance, the expression raja, which means king or emperor, also symbolises a person as the sovereign ruler, emperor, empire builder, and protector of his people,” the HC observed.

The court also noted that the petitioner produced “certain information retrieved from Wikipedia and on that basis endeavours to present a picture as if the movie title is derogatory to the status and myth of Chhatrapati Shivaji Maharaj.”

The Foundation claimed in the PIL that the “honorific ‘Chhatrapati’ used for addressing Chhatrapati Shivaji Maharaj is not a mere optional or decorative title”. “But refers to the title earned through sacrifices by Chhatrapati Shivaji Maharaj and hence omission of usage of such honorific in the film title undermines the dignity and legacy of Chhatrapati Shivaji Maharaj,” it said.

The petitioner claimed that the title of the soon-to-be-released movie is “derogatory” to the status of Chhatrapati Shivaji Maharaj. The HC observed that the petitioner had explained the meaning of the title Chhatrapati Shivaji Maharaj, which, according to the PIL, reflects his role as a sovereign ruler, an empire builder, and a protector of his people.

Advocate Shardul Singh, representing the director and producers, opposed the plea and argued that the movie was officially announced last year, and that the “motivated” PIL was filed merely a few days before the movie’s release on May 1.