IPRMENTLAW WEEKLY HIGHLIGHTS (DECEMBER 16-22)

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DELHI HIGH COURT DIRECTS CBFC TO CONSIDER THE PETITION AGAINST AJAY DEVGN’S TANHAJI: THE UNSUNG WARRIOR FOR DISTORTING FACTS

In a petition filed by the Akhil Bhartiya Kshatriya Koli Rajput Sangh against the film Tanhaji: The Unsung Warrior a film starring Actors Ajay Devgn and Kajol, the petitioners claimed that the director has tried to ‘conceal’ the lineage of great warrior Tanaji Malusare in the film.

The Akhil Bhartiya Kshatriya Koli Rajput Sangh demanded the Delhi High Court to direct the CBFC to take an action instructing the director to show the correct lineage of Tanaji. The petitioner further requested the court to ask CBFC not to grant a clearance certificate to the film until the correct lineage of Tanhaji is shown in the film.

The Delhi High Court vide its order dated December 19, 2019 directed the CBFC to consider the contents of the present petition as a representation while considering the certification to be granted to the Film in question and accordingly disposed of the petition. Read order here.

Tanhaji: The Unsung Warrior is a film based on Battle of Sinhagad in 1670. Tanhaji was a military leader under the leadership of Chhatrapati Shivaji Maharaj who fought against Udaybhan Singh Rathod, the fort keeper appointed by Mughal General Jai Singh I to protect the fort of Kondhana.

The film features Ajay Devgn in the role of Tanhaji, Saif Ali Khan in the role of Udaybhan Rathod and Sharad Kelkar as Chhatrapati Shivaji Maharaj. The film is set to be released on January 9.

MADRAS HC REVERSES ORDER ON PLEA TO BAN ‘QUEEN’ DURING LOCAL BODY POLLS

The Madras High Court reversed its decision on a PIL which sought to restrain the Gowtham Vasudev Menon’s web series Queen, a fictional rendition based on former Chief Minister Jayalalithaa’s life, until the completion of the local body elections in the State.

Justices M. Sathyanarayanan and R. Hemalatha deferred after the petitioner P.A. Joseph who claimed to be a businessman in his affidavit turned out to be the president of a daily wage labourers’ association at Koyambedu market.

Senior counsel Satish Parasaran, representing the respondents told the court the that the PIL petitioner had also filed cases against Justice Arumughaswamy Commission which probed into the death of Jayalalithaa.

Senior counsel AR.L. Sundaresan, representing the Tamil Nadu State Election Commission, told the court that the commission would take a call on a representation made by the petitioner after ascertaining whether the web series was fictional and whether it would have any bearing on the polls.

SUPREME COURT DIRECTS CONTINUANCE OF JUSTICE MANMOHAN SINGH AS IPAB CHAIRMAN FOR ONE YEAR, HOLDS THAT POST CANNOT REMAIN VACANT

Since the retirement of ex- Chairman, Justice Manmohan Singh IPAB has completely been dysfunctional, thereby being an impediment in adequate access to justice, especially in IP disputes. Therefore, a request had been made to the Secretary General of the Supreme Court of India to seek recommendations from the CJI for the appointment of the Chairman of the Intellectual Property Appellate Board (IPAB).

The Supreme Court through a 3-judge bench, in the case of The International Association for Protection of Intellectual Property (India group) v. Union of India, has held the position of the Chairman cannot be held to be vacant. The SC has ordered an extension of the period of Chairmanship of Justice Manmohan Singh, for a year, from the date of his superannuation, as deemed to have not taken a break from service.

Another question regarding the relocation of the Principal bench of Madras or a new central bench was brought up, however the government sought time to seek directions from the concerned department in lieu of the same.

Full Order, providing for the extension of the term of Justice Manmohan can be accessed here.

PANELS SET UP TO MONITOR TV PROGRAMMES, STATE TELLS HC

In a Public Interest Litigation led by Geeta Mishra seeking for enforcement of provisions of Cable Television Networks (Regulations) Act, the Karnataka State Government has filed an affidavit stating that the state government established a control room working 24×7 at its headquarters. It also provided an e-mail id (complaintsontelevision@gmail.com). An exclusive landline and mobile number were also provided to the public to register their complaints.

The state government of Karnataka informed the High Court that it has Constituted committees to monitor the contents of programmes on television channels. The department of Information and Public Relations filed the affidavit before the division bench of Chief Justice Abhay Shreeniwas Oka and Justice Pradeep Singh Yerur, on steps taken to implement the provisions of the Cable Television Networks (Regulation) Act.

The committee will be headed by the deputy commissioner, will have the SP, district public relations officer, principal of a women’s college in the district, and representatives of leading NGOs working for the welfare of women and children, besides academicians/psychologists/sociologists as members.

The high court had earlier directed the Government to implement an order issued by Government of India in 2008, in true letter and spirit. The affidavit states that control room would enable state government to strictly adhere/supervise all the complaints received and to forward the same to the jurisdictional district magistrate for initiating appropriate action and also to seek report from jurisdictional districts regarding action taken.

Further directions to all head of satellite channels in the state have been issued directing them not to violate the provisions of the Act

Read the affidavit here.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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