FIR Against Mirzapur Makers, Directors, Writers : Quashes Allahabad High Court
FIR Against Mirzapur Makers, Directors, Writers : Quashes Allahabad High Court
The Allahabad High Court quashed FIRs against Farhan Akhar and Ritesh Sidhwani, producers of web series “Mirzapur”, and Karan Anshuman, Gurmeet Singh, Puneet Krishna and Vineet Krishna who wrote and directed two seasons of the show.
The Allahabad High Court on Friday quashed the First Information Report registered against Farhan Akhar and Ritesh Sidhwani, producers of web series “Mirzapur”, in a case registered against them for allegedly hurting religious, social and regional sentiments through their portrayal of the town of Mirzapur in Uttar Pradesh in the web series [Ritesh Sidhwani And Another v. State of UP].
A Division Bench of Justices MC Tripathi and Subhash Vidyarthi also quashed the FIR against Karan Anshuman, Gurmeet Singh, Puneet Krishna and Vineet Krishna who were responsible for the writing and directing two seasons of the show.
Sidhwani, the co-founder of Excel Entertainment, which produced Mirzapur, and Akhtar had approached the High Court after an FIR was registered for offences under Sections 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 504 (intentional insult with intent to provoke breach of the peace) and 505 (statements conducing to public mischief) of Indian Penal Code.
The allegation in the FIR was that the web series portrayed the town of Mirzapur, Uttar Pradesh in an indecent and improper manner.
The FIR was lodged on 17th January, 2021 in Mirzapur, Uttar Pradesh based on a complaint by one Arvind Chaturvedi who had alleged that ‘certain’ content in the series depicted the town of Mirzapur as antisocial and infested with crime and that the show promotes illegitimate relationships, portrays a polluted picture of the legal and judicial system.
The portrayal of Mirzapur in the show in such a manner is far away from reality of life in Mirzapur. As such the show "has hurt his sentiments”, the complainant had stated.
The producers had initially approached the High Court challenging the FIR, followed by the directors and writers.
As per the contents of the FIR, ‘certain’ content in the Web Series titled MIRZAPUR depicted the town of Mirzapur (and the places within) as anti-social and infested with crime, and that the Series promoted illicit relationships, abusive language, casteism, and painted a false/polluted picture of the Legal/Judicial System.
Interestingly, the first informant also mentioned that some of his friends/acquaintances have begun referring to him as “Kaaleen Bhaiya,” the antagonist, played by Actor Pankaj Tripathi, in the series who is involved in a variety of illegal activities.
The Petitioners (Farhan Akhtar and Ritesh Sidhwani) were represented by Sri Gopal Swaroop Chaturvedi, Senior Advocate, Sri Manish Tiwari, Senior Advocate, Sri Syed Imran Ibrahim, Mr. Jay Kumar Bharadwaj, Ms. Priyadarshini Arora and Ms. Soumya Chaturvedi.
The Counsel for the Petitioners had submitted to the Court that “MIRZAPUR” Series is purely a work of fiction, which is specifically clarified in the said Series by a disclaimer at the beginning of each Episode informing all its viewers that the said Series respects all faiths and religions and that all places and events in the said Series are completely fictional.
It was also submitted that the Series was created and is being displayed without any intention on the part of the Petitioners or the professionals associated with it to hurt religious feelings/sentiments, to break the public peace, to incite or be likely to incite any class or community of persons to commit any offence against any other class or community, and/or to create or promote enmity, hatred, or ill will between classes.
In challenging the FIR, the petitioners had pointed out that the series was purely a work of fiction, which was also clarified by way of a disclaimer at the start of each episode. It was pointed out that the said disclaimer also stated that the makers of the show respect all faiths and religions and that all places and events in the said series are completely fictional.
Formerly this year, the court had granted interim protection to the petitioners by way of two separate orders.
The matter was argued by Senior Advocate Manish Tiwary, Senior Advocate Gopal Chaturvedi, assisted by Advocates Imran Ibrahim and Jay Bhardwaj.
Case Details:
Title: Ritesh Sidhwani And Another vs State of UP and Others
Case No: CRIMINAL MISC. WRIT PETITION No. 851 of 2021
Date of Judgment: 10.12.2021
Bench: Justice MC Tripathi and Justice Subhash Vidyarthi
