Portrayal of facts of legal history cannot be curtailed: Netflix to HC on ‘Maharaj’

The movie is based on the Maharaj Libel Case 1862 heard and decided by British judges.

The official poster for Maharaj. (Image source: Netflix)

The portrayal of facts of legal history cannot be curtailed or restrained, Netflix submitted before the Gujarat High Court Tuesday as the OTT streaming platform, along with Yash Raj Films (YRF), opposed the temporary stay on the release of ‘Maharaj’, a movie starring actor Aamir Khan’s son Junaid Khan. Extending the interim stay by a day, the court has kept the matter for further hearing Wednesday.

On June 13, a day before the film’s scheduled release on Netflix, the HC had ordered an interim stay on the release after hearing a petition moved by several followers of Vaishnavite Pustimargi sect who identify themselves as devotees of Lord Krishna. The petitioners had objected to the release on the ground that excerpts of the movie contain “scandalous and defamatory language, which affects the Pustimargi sect as a whole” and that the release of the movie “is likely to incite feelings of hatred and violence against the Pustimargi sect, which would be in breach of code of ethics under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021”.

The movie is based on the Maharaj Libel Case 1862 heard and decided by British judges.

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The libel case was filed by religious leader Jadunathji against social reformer Karsandas Mulji after an article, published in a weekly newspaper he edited, claimed the godman had alleged sexual liaisons with his female followers and men were expected to show their devotion by offering their wives for sex. Mulji had won the case.

On Tuesday, senior counsel Mukul Rohatgi, on behalf of Netflix, argued before the court of Justice Sangeeta Vishen that the petitioners had not made any representation prior to moving court given that they were aware from April 15 about the movie. Hence, they have “no business coming to the court at the last minute”, he submitted.

“We cannot eradicate legal history whether we like the judgment or not. Picturisation of such facts of legal history cannot be curtailed or restrained. Don’t watch the movie if you don’t like it,” argued Rohatgi.

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Adding that the film is based on a book that, in turn, is based on the libel case judgment, Rohatgi added that the film already received the CBFC certification on May 29, 2023. “…a prima facie case (is) in my favour because I’ve CBFC certification and the release is on an OTT platform where certification is not even required,” he stated. It was also submitted that the movie does not depict or read the judgment that is termed as “scandalous” by the petitioners. Only about 20 minutes of the over two-hour long movie duration depict the trial, it was submitted.

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Senior advocate Shalin Mehta, arguing on behalf of YRF, pointed out that the petitioners themselves never made any representation voicing their objection to the film and while some others had approached a civil court in Mumbai for an injunction, the same was denied by the court. Mehta added that while Antarrashtriya Pustimargeeya Vaishnav Parishad had issued a legal notice to Netflix and YRF on April 15, they have now approached the Delhi High Court as well. The current petitioners before the Gujarat HC were “piggybacking” on the organisation’s representation, he submitted.

Mehta added that the book and the 1862 judgment were in the public domain

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