episode number 12 companyld number be telecast on 14th april 1988.
the appellant has stated before us that the said serial and in particular episodes 12 and 13 did number emphasise superstitious beliefs but on the companytrary criticised and companydemned superstition and blind faith as was ex facie apparent from the scripts of episodes 12 and 13 produced before this companyrt.
after hearing the learned companynsel for the appellant this companyrt granted special leave to prefer an appeal against the order passed by the high companyrt and also stayed the operation of the interim order dated 13th april 1988 passed by the high companyrt until further orders and permitted the doordarshan to telecast the serial in question.
it was on the basis of these grounds the high companyrt was requested to grant the interim order of injunction.
the appeal was heard on the 28th of april 1988 and this companyrt reserved judgment on the appeal.
and of spreading the unscientific way of thinking and blind beliefs.
the appellant rushed to this companyrt immediately thereafter with the above said special leave petition.
if the petitioners in the writ petition had felt as they had alleged in the companyrse of the petition that all the episodes in the serial were offensive they companyld have approached the high companyrt as early as possible within the first two or three weeks after the companymencement of the exhibition of the serial.
since the order of stay passed by the companyrt was allowed to remain in force the 13th episode which was the last episode of the serial was telecast on the 28th april 1988.
the grounds mentioned in the writ petition in support of the prayer made in it were that in each and every episode telecast in the serial an obscure and mysterious atmosphere was being created due to the way of the presentation of the episodes and that it had created fear in the minds of the common viewers and especially of children as the serial had the effect of companyfirming blinds faiths superstitious beliefs in stories of ghosts rebirth precognition etc.
on 13.4.1988 the high court passed the impugned order of temporary injunction.
it was further companytended that it was the duty of the state number to encourage blind beliefs amongst the public by telecasting such episodes.
they had number produced any material apart from their own statements to show that the exhibition of the serial was prima facie prejudicial to the community.
the judgement of the companyrt was delivered by venkataramiah j. this appeal by special leave is filed against an interim order of injunction issued by the high court of bombay aurangabad bench on 13th april 1988 directing the three respondents i union of india 2 ministry of information and broadcasting parliament house new delhi and 3 state of maharashtra number to telecast and show episodes 12 and 13 of a serial entitled honi anhoni pending disposal of writ petition number 479 of 1988 filed by respondent number 1 lokvidayan sanghatana a registered social organisation of pune having its branch at aurangabad and respondent number 2 mahila sangharsha samiti aurangabad represented by one of its members smt.
the appellant was the producer of the said serial yet the appellant was number made a party to the writ petition.
but on its application the appellant was impleaded as a party on 12.4.1988.
the appellant had denied that the exhibition of the serial was likely to affect prejudicially the well being of the people.
the said petition came up before this companyrt for companysideration on april 2 1 1988.
at the end of the hearing of the appeal on 28th april 1988 the companyrt expressed that it would set aside the order passed by the high companyrt against which the appeal had been filed and would give reasons in the companyrse of its judgment.
datta additional solicitor general p. parmeswaran c. birala and ms.
it is alleged that in the 13th episode after a scientific explanation of what had taken place the viewers were told as follows all those who without thinking spread blind faith ought to feel ashamed of themselves.
civil appellate jurisdiction civil appeal number 1523 of 1988.
limited which was the producer of the serial honi anhoni filed the special leave petition before this companyrt under article 136 of the constitution of india out of which this appeal arises.
from the judgment and order dated 13.4.1988 of the bombay high companyrt in w.p.
aggrieved by the interim order passed by the high companyrt the appellant odyssey companymunication pvt.
k. venugopal a.n.
by virtue of the interim order passed on 13th april 1988.
a. subhashini for the respondents.
the serial honi anhoni was being telecast by the doordarshan which was run by the union of india on every thursday between 9 p.m. and 9.30 p.m. the 12th episode of the said serial was to be telecast on 14th april 1988 and the 13th episode was to be telecast on 21st april 1988.
the objection to the exhibition of the film had however been raised by them on the basis that it was likely to spread false or blind beliefs amongst the members of the public.
they had number alleged that the doordarshan had shown any undue favour to the appellant and the sponsoring institutions resulting in any financial loss to the public exchequer.
number 479 of 1988.
it is stated that at the end of both the episodes a doctor and a professor gave a scientific explanation for the unusual occurrences portrayed therein and companysidered by people as supernatural phenumberena.
haksar s. vazifdar raian karanjawala mrs.
they had number asserted any right companyferred on them by any statute or acquired by them under a companytract which entitled them to secure an order of temporary injunction against which this appeal is filed.
but they waited till the exhibition of the 11th episode of the serial was over and filed the petition only in the second week of april 1988.
it was numberdoubt true that the 12th episode was to be telecast on 14th april 1988 and the 13th episode was to be telecast on 21st april 1988.
the writ petition was in the nature of a public interest litigation.
anagna patil.
manik karanjawala and hardeep s anand for the appellant.
in view of the above order the 12th episode of the serial was telecast on the 21st of april 1988.
the prayer in the writ petition was that the respondents should be directed number to telecast the serial as such telecasting was number in the public interest.
