Tandav FIRs: Actors, makers may face arrest as SC declines protection


New Delhi, Jan 27 (IANS): Web series 'Tandav' actors, makers, including Saif Ali Khan and Ali Abbas Zafar likely face arrest after Supreme Court on Wednesday turned down their pleas for protection from arrest. 

A three judge bench headed by Justice Ashok Bhushan only issued notice on clubbing of various FIRs registered across the country and asked actor Zeeshan Ayyub and others to move to High Courts for quashing of FIRs or bail in the matters.

Senior Advocate Fali S. Nariman requested for an order of no coercive action against the cast and producers of the web series. However, the bench refused to grant relief. "Approach High Court" said the top court.

During the hearing the apex court noted that it may consider the request for clubbing the FIRs, but it cannot take the power of the High Court under CrPC. 

The observation was made after senior advocate Mukul Rohatgi requested the court to grant the petitioners no coercive step order, club the FIRS and issue notice to the parties. 

Ahead of lunch, the top court had orally observed that freedom of speech was not absolute during its hearing on pleas seeking stay on FIRs against actors and producers of Tandav web series on Amazon Prime.

Justice Bhushan had expressed its disinclination to pass any direction to stay the FIRs. Senior advocates Fali S. Nariman, Mukul Rohatgi and Siddharth Luthra cited the top court judgment in Arnab Goswami case to seek relief in the matter.

Luthra argued that the director of the web series is being harassed. "Is this way liberty should be protected in the country and FIRs are being filed across the country," he added. The bench observed that the right to freedom of speech is not absolute and it is subjected to restrictions.

Nariman submitted that apologies have been made, and despite that several FIRs have been filed in six states. Justice Bhushan replied: "You want the FIRs to be quashed, then why can't you approach the High Courts?"

Nariman said the web series makers have removed the objectionable content and still there are cases being filed against them. The top court questioned, why petitioners have moved the court under Article 32.

The bench said the police can file closure reports too if apologies have been made.

Rohatgi cited Arnab Goswami case to move the top court after a violation of Article 19(1)(a). He added people get offended with anything and everything these days. "Please protect us with no coercive steps. We deleted content without any protest. Scenes have been deleted. Its a political satire," argued Rohatgi.

Rohatgi submitted that People are so sensitive in this country freedom to speech under then 19 (1)(a) would be destroyed.

 

  

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Comment on this article

  • Choma, Bangalore/SA

    Wed, Jan 27 2021

    Can anyone tell me who is KAMLESH TIWARI,and why he was killed, he was stabbed 12 times, throat slit, plus gun shot...!!!..

    DisAgree Agree [7] Reply Report Abuse

  • sense_Shetty, MAngalore

    Wed, Jan 27 2021

    Just Imagine some insulting reference was added to peace login religion on earth ..
    Remember France,and the cartoons

    DisAgree [3] Agree [8] Reply Report Abuse

  • Hussain, Abu Dhabi

    Wed, Jan 27 2021

    Apologies done... Scenes deleted. Still SC not entertaining the relief ...
    Hmmm.. Not all are ARNUB

    DisAgree [15] Agree [10] Reply Report Abuse

  • AM, Mangalore

    Wed, Jan 27 2021

    Some court judgements surprise the people. In some cases they say freedom of speech is absolute and no one can restrict them to speak. In some cases they rule that freedom of speech has some restrictions.
    For Arnab they open the court on holiday and gave protection from arrest and now they are saying go high court.
    In this manner if the judgements are decided then i think no need to study laws and any one can judge according to their understanding

    DisAgree [10] Agree [23] Reply Report Abuse

  • Amaze, Karkala

    Wed, Jan 27 2021

    All dont have same privileges as Mr. Arnab Goswami ..!!
    The same judge said If you don't like republic tv then dont watch it and granted bail to TRP chor.

    So going by that logic, if you don't like Tandav then do not watch it !!!

    DisAgree [12] Agree [19] Reply Report Abuse

  • Rajesh Shetty, Kalladka

    Thu, Jan 28 2021

    We all know what happened in Padarayana pura, Banlore for a mere Facebook comment.......

    DisAgree Agree Reply Report Abuse

  • Mohammed, India

    Wed, Jan 27 2021

    Protection is for arnab and bjp supporters only, and there is no insult of hindu god in movie, they shower real face of govt, so govt and court got offended..

    DisAgree [12] Agree [19] Reply Report Abuse

  • Rishi, Thane/Mumbai

    Wed, Jan 27 2021

    Arnab & Kangana would have got Y security

    DisAgree [11] Agree [16] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Jan 27 2021

    Why all this Tandav ...

    DisAgree [14] Agree [5] Reply Report Abuse

  • N.M, Mangalore

    Wed, Jan 27 2021

    Judiciary remains silent when there are so many rape cases and murders but wakes up from it's deep slumber when a TV series is aired.

    Are we in a Banana Republic?

    DisAgree [20] Agree [21] Reply Report Abuse

  • Navin Shetty, Manipal / Bahrain

    Wed, Jan 27 2021

    Whatever the Tandav team did was wrong. Being such a great artist how Mr. Khan allowed such thing? It's impossible that without his approval the series won't go on air. I've seen the series, there is no way connection with the series and the clip where they mock Lord Shiva is related to the story. It looks like they intentionally add that part to mock Hindu gods. I hosestly don't understand what someone will get if they made fun of someone's faith?. Sad but true face of "New India"

    DisAgree [7] Agree [33] Reply Report Abuse


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