Gujarat High Court stays release of ‘Maharaj’; issues notice to Netflix, Yash Raj

A day before the movie was set to release, the Gujarat High Court on Thursday temporarily restrained Yash Raj Films and Netflix from releasing ‘Maharaj’. The action came following a petition by several followers of Vaishnavite Pustimargi sect who identify themselves as devotees of Lord Krishna. The court has also issued notices to Yash Raj Films and the OTT platform. Bollywood actor Aamir Khan’s son Junaid Khan is making his debut in the movie. The movie is based on the Maharaj Libel Case 1862 rendered by British judges in the colonial era. The petitioners have raised objections 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 1862 case judgment relates to a libel case brought forth by religious leader Jadunathji against social reformer Karsandas Mulji who was also an editor of a weekly newspaper after an article was published that Jadunathji had alleged sexual liaisons with female followers and that men were expected to show their devotion by offering their wives for sex. Mulji had won the case. The petitioners submitted that a representation was submitted in April to Yash Raj Films and Netflix by another body but the producer and the OTT platform did not agree to a request for a private screening or issue a clarification. The petitioners also stated that the “refusal strengthens the apprehension on the part of the petitioners” and considering the “secrecy” maintained by the respondents, adverse inference can be drawn. The petitioners further submitted that considering the reach of OTT platforms and immediate wide distribution throughout the world, “it would be rather impossible to rectify the damage caused”. The petitioners have also made a representation to an authorised officer under the IT Act for blocking the release of the movie, submitting that no decision has been taken on it so far. Taking into consideration the arguments of the petitioners, the court of Justice Sangeeta Vishen temporarily stayed the release of the movie while issuing notice to the respondents which include Yash Raj Films, Netflix, Central Board of Certification and Ministry of Information and Broadcasting. Next hearing is on June 18.