‘Taj Story’ row: Should’ve done proper research, says Delhi HC, rejects pleas against Censor Board nod

A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela, while hearing the pleas, dismissed them as withdrawn.

“Counsel for both petitioners have argued that they are not against exhibition of film but only intend that the board may direct the producer to insert a disclaimer that the depiction in the film is not history,” said the bench while granting them liberty to take appropriate recourse of revisional powers with the government under Section 6 of the Act.

During the hearing, CJ Upadhyaya, expressing the court’s difficulty in adjudicating the issue on the point of law, remarked, “Even for history, two historians may have different views — which version is to be treated as correct? These are issues which can’t be decided by us. Whatever you believe to be correct history it may not be held to be correct by others, what is the standard available to the court?”

“Are we super Censor Board?… Try to understand our limitations… Difficulty in such matters is … people get charged, please avoid that… There is a remedy available under the statute as well… That is what happens when you lose your reasoned faculties after getting charged; you should’ve done proper research before filing the petition.”The pleas pointed out that The Taj Story asserts that the Unesco World Heritage site may have been built on or is associated with a pre-existing Hindu temple or deity shrine, and that the film’s teaser and promotional posters depict the monument’s dome being lifted to reveal a figure of Lord Shiva.

The petitioners had also expressed apprehension of such films, which are “highly provocative in nature”, “may cause a communal debate and may also lead to communal tensions”, as well as “tourist misbehaviour or demands for unnecessary interventions in the monument”.The film’s trailer shows Rawal as a tourist guide who seeks to uncover supposed mysteries related to what is perhaps India’s most famous monument.

In May 2022, the Allahabad High Court had dismissed a petition seeking a “facts finding committee to study and publish the real History of Taj Mahal”, and also directed to “open the sealed doors (approx. 22 rooms) inside the Taj Mahal to rest the controversy.

The bench comprising Justices Subhash Vidyarthi and Devendra Kumar Upadhyaya (now Delhi HC CJ) had said that “such issues…should be left to be debated amongst the academicians, scholars and historians”, and ruled that the prayers were “non-justiciable”.

A reference was also made to the Allahabad HC’s adjudication of the case by the petitioners Thursday.

From the homepage

‘Regime change’ conspiracy behind 2020 riots, Delhi Police tell SC; oppose bail to accused

RJD’s challenge in Siwan: Shahabuddin is dead. Long live Shahabuddin

‘I had money, I paid. What will poor do?’: Retired BPCL CFO’s post on bribery ordeal after daughter’s death goes viral; 2 Bengaluru cops suspended