A Delhi court on Tuesday fixed the hearing on a plea over the controversial poster of filmmaker Leena Manimekalai's documentary 'Kaali' for November 1, 2022.
Civil Judge Abhishek Kumar of Tis Hazari Court of Delhi on Tuesday noted that "the plaintiff submits that there is an application filed by him under Order 8 Rule 1A(3) CPC on the previous date and the same is pending for adjudication. He further seeks to serve the defendants through email as well as Whatsapp." In view of the submissions, let summons be issued afresh through all modes including service through email as well as Whatsapp on the filing of PF, returnable for the next date of hearing. Put up for service of the summons upon the defendants and for arguments on the above-stated application on November 1, said the court.
The court earlier had issued summons to Canada-based filmmaker Leena Manimekalai and others in a suit seeking an interim injunction to restrain the defendants from depicting Goddess Kaali in the way they have depicted in a poster and video.
Earlier the concerned civil judge had said the relief of interim injunction is discretionary relief. Further, as held by Supreme Court in a number of cases, the ex-parte ad-interim injunction has to be granted in exceptional circumstances. The judge said that the defendant needs to be heard before passing any order.
The plaintiff Raj Gaurav, a practising advocate, on Saturday also moved an application to place "additional documents which are tweets that are directly related to the case of the plaintiff and which may affect the merits of plaintiff's case." Advocate Raj Gaurav filed the suit and sought a permanent and mandatory injunction against the defendants. He stated that the defendants have depicted the Hindu Goddess Kali in a very uncalled way in posters and promo videos for their upcoming movie "Kaali".
The poster of the film depicts Hindu Goddess Kali smoking cigarettes which not only hurts the religious sentiments of common Hindus but is also against the basics of morality and decency, he added.
The plea said that the poster was tweeted by Leena Manimekalai from her Twitter handle.
The plaintiff sought an interim injunction to restrain the defendants temporarily from depicting Goddess Kaali in the way they have depicted her in the poster and video and tweet.
The Delhi Police have filed a case against Leena Manimekalai in connection with the controversial poster of her documentary. The Indian High Commission in Canada had urged authorities to withdraw the "disrespectful depiction of Hindu Gods" showcased at the Aga Khan Museum, Toronto. The appeal came in the wake of a social media uproar over the controversial poster of the documentary film.
