Sharjeel Imam, 6 others move Delhi High Court seeking stay on release of ‘Delhi 2020’

The third petition — by the Independent candidate Umang — was not listed on Thursday, and is expected to come up on Friday.

The first petition was moved by five people — two victims of the riot, Sahil Parvez who lost his father and Mohd Saeed Salman whose mother was burnt alive, and three accused in the riots case including Akil Ahmed, Sonu and Tasleem Ahmed (who is still in jail). They are seeking quashing and setting aside the CBFC certification of the film and a direction that it is not be released till the criminal cases involving the petitioners are finally disposed of.

Advocate Mehmood Pracha, appearing for the petitioners, told Justice Datta the release of the film will “completely prejudice both accused and complainants in the cases” pertaining to the Delhi 2020 riots and added that the film is in “direct contravention of the Cinematograph Act as well as the Contempts of Courts Act.” Pracha added, “You (respondent filmmaker) can have your political objectives and aims but not at my expense.”

Sharjeel Imam’s petition seeks a pre-screening of the movie for the court as well as to direct the Centre to postpone its release until the trial in the larger conspiracy case of Delhi riots, in which he is accused, is completed. Imam is also seeking the court’s direction to the various respondents to take down all pre-release material such as posters, images, trailers etc until the trial’s completion.

Advocate Warisha Farasat, representing Imam, told the court, “I’m one of the accused who is being shown front and centre in the trailer, not once but several times…the law actually supports us…we have to balance right of freedom and expression and a clear exception is carved out…arguments on the charge (against Imam) are going on, and bail is before this court (Delhi HC)…Time is of essence… Let this court direct a viewing of the film”.

The court issued notice to the respondents in the two of the petitions, and directed the Centre, CBFC, and the production house to “come with instructions, ready to argue the matter tomorrow”, posting the matter for Friday in light of the urgency pressed for by the petitioners.

The third petition, by Umang, an Independent candidate from the Rajinder Nagar constituency, has sought a stay or ban on the release of Delhi 2020 in cinemas, on television, and on OTT platforms, and an order to remove the trailer of the film from YouTube and other social media platforms. He has also sought the revocation of the film’s certification under the Cinematograph Act, 1952, and action against the filmmakers and others responsible for launching the film and sharing videos, which he said has the potential to create communal disharmony.

Umang is also seeking direction to the Election Commission of India to investigate the complaint filed by him in this regard and take appropriate action against violations of the Model Code of Conduct (MCC).

Citing the violation of MCC as well as the Cinematograph Act, Umang’s petition submits, “The timing of the film’s release is critically coincidental with the upcoming Delhi Assembly Elections scheduled for 05.02.2025. There is a substantial concern about its potential use as a tool to influence the electoral process and manipulate voter sentiment, which is a clear transgression of the Model Code of Conduct as laid out by the Election Commission of India.”