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Doctrine Of Sub-Judice Cannot Negate Free Speech

In Adarsh Cooperative Housing Society Ltd. ...Petitioner(s) Vs Union of India & Ors., the Supreme Court has rejected Adarsh Cooperative Housing Society’s plea to restrain release of a feature film “Aiyaary” which allegedly projects the society in an unacceptable manner and that is likely to have some impact on the litigations.

A three-judge bench headed by Chief Justice of India Dipak Misra observed: “The doctrine of sub-judice may not be elevated to such an extent that some kind of reference or allusion to a member of a society would warrant the negation of the right to freedom of speech and expression which is an extremely cherished right enshrined under the Constitution.”

The court observed that the Censor Board has already given the certificate and has also taken the suggestions from the competent authorities of the Army. With regard to contentions with respect to pending litigations, the bench observed: “A film with regard to a particular situation does not affect the trial or the exercise of “error jurisdiction‟ by the appellate court. The courts of law decide the lis on the basis of the materials brought on record and not on the basis of imagination as is projected in the language of the theatre or a script on the celluloid.”

Article referred: http://www.livelaw.in/doctrine-sub-judice-cannot-negate-free-speech-supreme-court-read-judgment/

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