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Amol Palekar moves Bombay High Court challenging pre-censorship of scripts of plays

In his petition, Palekar stated that over the years, and even now, he has had to see performances not in its original form, but its modified form because of the alterations suggested by the Scrutiny board.

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Theatre stalwart — Amol Palekar, who is supported by others like Bindumadhav Khire, Girish Karnad Dr Shriram and Deepa Lagoo, Alyque Padamse, Sunil Shanbhag, moved to the Bombay High Court challenging the rule under the Bombay Police Act, that requires certification from police commissioner and Maharashtra State Performance Scrutiny Board, of a script of a play prior to its performance, claiming it to be an unreasonable restriction on fundamental rights.

In his petition, Palekar stated that over the years, and even now, he has had to see performances not in its original form, but its modified form because of the alterations suggested by the Scrutiny board. Further the pre-censorship of scripts of plays is only in State of Maharashtra and Gujarat, plays in other parts of India can be performed without curtailment of artistic freedom.

The petition filed by Palekar challenges a provision under the Bombay Police Act, section 33 (1) (wa), claiming it to be violative of Articles 14, 19 and 21 of the Constitution of India. The plea argues that Article 19 (1) (A) of the constitution grants freedom of expression to every citizen, be it through newspaper, magazine, films or plays. However, Section 33 (1) (wa) grants the commissioner or district magistrate to make rules licensing or controlling the performances.

The plea seeks directions from the court to declare the said provision of the Bombay Police Act as unconstitutional, and declare the subsequent rules framed under clause 138 and 139 as illegal and stay the operation of the sections, so that pre-censorship of plays is stopped.

The petition came up for hearing on Monday before a bench of chief justice Manjula Chellur and justice M S Sonak, which has posted the matter for further hearing after a week, as the petitioner wanted to amend his petition.
 

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