IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)

Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)
IN THE MATTER OF :
Tajinder Pal Singh Bagga …PETITIONER
VERSUS
Union of India & Anr. …RESPONDENTS
INDEX
SR. PARTICULARS PAGE
No. NO.
1. NOTICE OF MOTION

2. URGENT APPLICATION

3. MEMO OF PARTIES

4. SYNOPSIS AND LIST OF DATES

5. WRIT PETITION (PIL) UNDER ARTICLE 226 OF CONSTITUTION

OF INDIA SEEKING WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT SEEKING DIRECTIONS TO RESPONDENT No.
1 and 2 TO IMPOSE COMPLETE BAN ON THE SONG “BHARAT
MATA” IN THE UPCOMING MOVIE “SHANGHAI” RELEASING
NATIONWIDE ON 8/6/2010, AND ALSO PASS APPROPRIATE
ORDERS FOR REMOVAL OF THE SONG FROM ALL INTERNET
PORTALS OR ON ANY OTHER PUBLIC DOMAIN OR ANY OTHER
PUBLICATION MEDIUM (PRINT OR ELECTRONIC) AND FURTHER
PASS ORDERS FOR STOPPING ANY BROADCAST OF SAID SONG
ON ANY TV CHANNEL OR RADIO AND FURTHER SEEKING
COMPLETE BAN ON SALE OF AUDIO/VIDEO CD’s OF SAID MOVIE
“SHANGHAI” WHICH CONTAINS THE SAID SONG “BHARAT
MATA”
6. ANNEXURE P-1
CD CONTAINING SONG “BHARAT MATA KI JAI” FROM THE
MOVIE “SHANGHAI” PRODUCED AND DIRECTED BY DIBAKAR
BANERJEE
7. ANNEXURE P-2
VIDEO CD CONTAINING INTERVIEW OF DIRECTOR THE
UPCOMING MOVIE “SHANGHAI”
8. INTERIM APPLICATION SEEKING STAY ON MOVIE “SHANGHAI”

9. VAKALATNAMA

Tajinder Pal Singh Bagga

New Delhi Through

Dated

Vikas Padora, Rita Hingmang

1/35, 1st Floor

Double Storey
 Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :
Tajinder Pal Singh Bagga
s/o Shri. Preet Pal Singh …Petitioner
r/o 11/35B, 1st Floor
Tilak Nagar
New Delhi-18
VERSUS

1) Union of India
Through it Chief Secretary
Ministry of Information and Broadcasting
A-Wing, Shastri Bhawan
Dr. Rajender Prasad Marg
New Delhi-110001 …Respondent No. 1

2) Central Board of Film Certification

Through its Chairman
Bharat Bhawan
91-E, Walkeshwar Road
Mumbai-400006 …Respondent No. 2

URGENT APPLICATION
To,
THE REGISTRAR,
OF THE HIGH COURT OF DELHI,
AT NEW DELHI.
Sir,

Kindly treat the accompanying petition as an urgent one as per the Delhi
High Court Rules.
The ground of urgency is that on 8/6/2012 the movie “Shanghai” will be
released nation-wide and the said movie contains a song “Bharat Mata Ki Jai”
which is highly defamatory to India, as a Nation and also offensive to any Indian
citizen, and present petition seeks stay on the said movie till the said offensive
song is completely removed from the said movie.
It is most humbly prayed.

New Delhi Tajinder Pal Singh Bagga

Through

Dated Vikas Padora, Rita Hingmang

1/35, 1st Floor

Double Storey
Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)
IN THE MATTER OF :

Tajinder Pal Singh Bagga …PETITIONER

VERSUS

Union of India & Anr. …RESPONDENTS

MEMO OF PARTIES
Tajinder Pal Singh Bagga
s/o Shri. Preet Pal Singh …Petitioner
r/o 11/35B, 1st Floor
Tilak Nagar
New Delhi-18

VERSUS

1) Union of India
Through it Chief Secretary
Ministry of Information and Broadcasting
A-Wing, Shastri Bhawan
Dr. Rajender Prasad Marg
New Delhi-110001
New Delhi …Respondent No. 1

2) Central Board of Film Certification

Through its Chairman
Bharat Bhawan
91-E, Walkeshwar Road
Mumbai-400006 …Respondent No. 2

New Delhi Tajinder Pal Singh Bagga

Through

Dated

Vikas Padora, Rita Hingmang

1/35, 1st Floor
Double Storey
Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga …PETITIONER

VERSUS

Union of India & Anr. …RESPONDENTS

NOTICE OF MOTION
To,

1) Union of India
Through it Chief Secretary
Ministry of Information and Broadcasting
A-Wing, Shastri Bhawan
Dr. Rajender Prasad Marg
New Delhi-110001
New Delhi …Respondent No. 1

2) Central Board of Film Certification

Through its Chairman
Bharat Bhawan
91-E, Walkeshwar Road
Mumbai-400006 …Respondent No. 2

Please take note that the above noted matter will be listed on __/__/2012
before the Hon’ble High Court of Delhi. It is, therefore, requested to you to
please enter your appearance on the said date.

Tajinder Pal Singh Bagga

New Delhi Through

Dated Vikas Padora, Rita Hingmang

1/35, 1st Floor

Double Storey
Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702
 SYNOPSIS

An ancient Sanskrit verse reads:

Ratnakaradhautapadam Himalyakirtitinim

Brahmarajarsiratnamdhyam vande Bharatamataram II

“I pay my obeisance to mother Bharat, whose feet are being a washed by

the ocean, who wears the mighty Himalaya as her crown, and who is

exuberantly adorned with the gems of traditions set by Brahmarsis and

Rajarsis”

The abovementioned verse is evident that the term “Bharat-Mata” has

been used in Indian culture and tradition since ages, though most of the use of
the term came into existence in 19th century, during the great Indian Freedom
struggle.
The term “Bharat-Mata” is evident on the point that India is not only a
piece of land, but a divine land, a land whom Indians worship as mother and
goddess. The term “Bharat Mata” has not only religious significance but also has
national and political significance. Where on one hand, the Land was always
worshipped since Vedic periods, there on another hand the term “Bharat Mata”
was used by freedom fighters.
The term “Bharat Mata” is not only a term which can be used loosely
whenever convenient, but it has become a term synonym for India. Slogans of
“Bharat Mata ki Jai” is often invoked to show respect towards the nation and it is
a well known fact that even Indian Army uses the term “Bharat Mata ki Jai” to
show the spirit of sacrifice for the nation.

Indian cinema has produced many movies and songs which praises
“Bharat Mata” and ignites the sense of patriotism in hearts of the listeners. It can
be safely concluded that the term “Bharat Mata” has become a symbol of
national pride and honour. It is most pertinent to mention that even the national
song of India “Vande Mataram”, which was composed by Bankim Chandra
Chattopadhyay in his novel Anandmath written in 1882, was derived from a
ancient Sanskrit verse (mentioned above) which identified India/Bharat as
“Bharat-Mata/Mother-India” and was praised and worshipped. The novel
Anandmath also presents India as “Bharat Mata” and is shown as image of
Goddess Durga.
 It is also pertinent to mention that term “Bharat Mata” has not remained
confined only upto the books and novels, but has turned into a form of Goddess
and symbol of national pride and honour. There are many temples which have
been dedicated to “Bharat Mata”. Two prominent temples of “Bharat Mata” are in
Haridwar and another in Varanasi.

There are emotions of millions of Indians attached to the term “Bharat

Mata” who are proud to be Indians and find proud to call themselves sons of soil
of India. There are emotions of millions attached to the term as it reminds them
of the freedom struggle, where their forefather laid down their lives for the
honour of term “Bharat Mata”.

But when any insulting remark is made on “Bharat Mata” or the term is
used in any derogatory sense, it is bound to hurt the emotions of millions of
Indians, who consider the Land of India as Mother/Goddess. The term “Bharat
Mata”, which should be always cherished, respected, protected and honoured,
when insulted and disrespected, is bound to result in public outburst.

“Shanghai” is an upcoming bollywood movie, to be released in India and

worldwide on 8/6/2012. The said movie has a song which goes as under:

“Bharat Mata ki……

Bharat Mata ki tum jai bolo
Jai Bharat Mata ki jai
Sone ki chidiya
Dengue Malaria
Gud bhi hai Gobar bhi
Bharat Mata ki jai”

It is evident from the aboesaid verse of the song that “Bharat Mata” has
been presented in most humiliating, outraging and most insulting manner. The
insulting and outraging words used in song to designate “Bharat Mata” clearly
shows that the writer has least love and respect for India as Nation, and more
particularly for the term “Bharat Mata”, the term which has actually boosted and
driven the entire Great Indian Freedom Struggle. The writer has not only brought
disgrace to himself by outraging the pride and honour of India/Bharat Mata, but
is also bent upon to bring disgrace upon millions of Indians and insult their
emotions by releasing the song in India and Worldwide. The writer, with
intentions to earn private financial profits, has completely ignored and insulted
the emotions of millions of Indians who, despite many diversities and
differences, feel proud be called as Indians. The writer has completely ignored
the fact that the term “Bharat Mata” is a source of inspiration and reason to be
proud of, to millions of patriot Indians and also to millions of Indian Armymen,
who are taught to respect and protect the land even before their own real
mothers. It is evident that the writer has written the song with a sense of
shame, hatred and disgust towards India, and which shows how unworthy he is,
to be called as an Indian Citizen.

To add insult to injury, even Respondent No. 2 (Censor Board) has passed
the said song for broadcasting. It is pertinent to mention that earlier the song
was objected upon by Respondent No. 2 (Censor Board) and producer/director
of movie was directed to edit or delete the song, but later on somehow Censor
Board allowed the song to continue in its same shape and lyrics. The reasons are
unknown, but visibly obvious.

In a TV interview, the producer/director of the movie, who has also

written the impugned song, was found saying that the said song “Bharat Mata”
shall be edited or deleted only if Court orders. It is clear from the said interview
that movie directors and producers have innovated a new method to promote
their movies through the Court cases. Such producers/directors have started to
make Courts as their platforms to promote their movies, as in Court cases these
movies get a publicity (positive or negative, whatever) through media. Such
indirect method of publicity by such directors/movies should be discouraged by
passing appropriate and strict orders against the movie “Shanghai”

Hence, this Public Interest Litigation Petition.

LIST OF DATES

DATES EVENTS

May 2012 Song “Bharat Mata” released on internet and through

audio CD’s from the upcoming movie “Shanghai”

8/6/2012 Movie “Shanghai” to be released nation wide

__/___/2012 Hence, this PIL

 IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga …PETITIONER

VERSUS

Union of India & Anr. …RESPONDENTS

WRIT PETITION (PUBLIC INTEREST LITIGATION) UNDER ARTICLE 226

OF CONSTITUTION OF INDIA SEEKING WRIT OF MANDAMUS OR ANY
OTHER APPROPRIATE WRIT SEEKING DIRECTIONS TO RESPONDENT
No. 1 and 2 TO IMPOSE COMPLETE BAN ON THE SONG “BHARAT MATA”
IN THE UPCOMING MOVIE “SHANGHAI” RELEASING NATIONWIDE ON
8/6/2010, AND ALSO PASS APPROPRIATE ORDERS FOR REMOVAL OF
THE SONG FROM ALL INTERNET PORTALS OR ON ANY OTHER PUBLIC
DOMAIN OR ANY OTHER PUBLICATION MEDIUM (PRINT OR
ELECTRONIC) AND FURTHER PASS ORDERS FOR STOPPING ANY
BROADCAST OF SAID SONG ON ANY TV CHANNEL OR RADIO AND
FURTHER SEEKING COMPLETE BAN ON SALE OF AUDIO/VIDEO CD’s OF
SAID MOVIE “SHANGHAI” WHICH CONTAINS THE SAID SONG
“BHARAT MATA”

To,
The Hon’ble Chief Justice
And His Companion Judges,
Of Delhi High Court,
At New Delhi
The Humble Petition of the Petitioner
Above named
MOST RESPECTFULLY SHOWETH:
1. That the present Writ Petition is being filed as Public Interest Litigation,

under Article 226 of the Constitution of India, seeking directions to

respondent no. 1 and 2 to impose complete ban on the song “bharat

mata” in the upcoming movie “shanghai” releasing nationwide on

8/6/2010, and also pass appropriate orders for removal of the song from

all internet portals or on any other public domain or any other publication
 medium (print or electronic) and further pass orders for stopping any

broadcast of said song on any tv channel or radio and further seeking

complete ban on sale of audio/video cd’s of said movie “shanghai” which

contains the said song “bharat mata”. The petitioner has no personal

interest in the present PIL and is guided by general-interests of society at

large, and hence has no ulterior motive in filing the present PIL.

2. That the petitioner is presently working as president of youth organization

“Bhagat Singh Kranti Sena” a organization working on the issues like

awareness against corruption, awareness among youth regarding social

issues, awareness of rights and duties of youth towards their nation etc.

and having its office at 11/35B, Tilak Nagar, New Delhi-18. Apart,

petitioner is also a social activist and has carried out many protests

against various social issues and national issues and hence competent to

present this PIL.

3. That the PIL has been filed for general benefit of public at large as the

petition brings out the general cause regarding the pride and honour of our

nation India and is intended to restrain certain malicious people from

bringing pride and honour of India into disrepute and disrespect.

4. That the present PIL is confined only to the issues of general public

interests and petitioner has no personal interests in the cause.

5. That the petitioner is the president of Youth Organization “Bhagat Singh

Kranti Sena” a social awareness organization and also a social activist and

hence competent to espouse the cause in present PIL and in case costs are

imposed by this Hon’ble Court, same shall be paid by petitioner himself.

6. That the petitioner has given a written complaint dated 3/5/2012 to police

also in this regard but no action was taken by the police as the matter

apparently falls into the jurisdiction of Respondent No. 1 and 2. Petitioner

had also given representation dated 8/5/2012 to respondent no. 2 but no

action was taken by Respondent no. 2 and hence petitioner has no other
 option but to approach this Hon’ble Court and hence the only appropriate

remedy is by way of PIL.

7. That the petitioner has previously filed one Writ Petition/PIL before this

Hon’ble Court, bearing W.P. (Civil) No. 1051 of 2012, and apart from said

Writ Petition (PIL), no other PIL or Writ Petition is ever filed in any other

High Court or Hon’ble Supreme Court of India.

8. FACTS LEADING TO THIS WRIT PETITION:

a) That the petitioner is presently working as President of “Bhagat Singh

Kranti Sena” and as a social worker and is preferring present PIL to bring

out a issue before this Hon’ble Court, which if ignored, may result in

brining the national pride and honour of India in disrepute and disrespect.

And it is most respectfully if any appropriate action is not taken by

Respondent No. 1 and 2, it may result in an ugly situation and hence

present petition has been filed on urgent basis in the vacations of Hon’ble

High Court.

b) That the Respondent no. 1 is Union of India, Through its Chief Secretary,

Ministry of Information and Broadcasting and hence responsible for overall

functioning of broadcasting affairs, regulatory or any other kind in nature,

all over India.

c) That the Respondent no. 2 is Censor Board of India (Central Board for

Film Certification) and is responsible for all fitness certificates and

permissions granted to movies released in India

d) That it is most respectfully submitted that on 8/6/2012, a new bollywood

movie “Shanghai” is scheduled to be released nationwide.

e) That the said movie “Shanghai” is produced and directed by Mr. Dibakar

Banerjee. Said Mr Dibakar Banerjee has also given lyrics of the song-in-

question “Bharat Mata” in the said movie.

f) That it is most respectfully submitted that the said movie “Shanghai” has

a song (Bharat Mata) in it, which is impugned in the present PIL. The

lyrics of the said song has been given by the Producer and Director of the
 movie Mr. Dibakar Banerjee. The said song has tendency of bringing

national honour and pride of India and any common Indian with even bit

of patriotic feelings, into hatred, disrespect and disrepute. The CD

containing songs of movie “shanghai” dated NIL is annexed herein as

ANNEXURE P-1. The following are the main lyrics of the said song

“Bharat Mata”:

“Bharat Mata ki……

Bharat Mata ki tum jai bolo

Jai Bharat Mata ki jai

Sone ki chidiya

Dengue Malaria

Gud bhi hai Gobar bhi

Bharat Mata ki jai”

g) That it most respectfully submitted that the said movie “Shanghai” is

scheduled to be released on 8/6/2012, and the audio CD’s of the songs of

movie are already available for sale and the songs are also available on

internet for free audience and downloading. It is further submitted that

the said movie alongwith its songs, including “Bharat Mata”, is scheduled

to be released internationally on various dates in the month of June and

shall also be telecasted in film festival at IIFA at Dubai on 7 th or 8th of

June.

h) That it is most respectfully submitted that apart from release if movie in

India, the movie shall be released worldwide in the month of June and it

is no doubt obvious that the movie shall also carry English sub-titles for

foreign audience and viewers. It is further submitted that the English

subtitles of the song “Bharat Mata” may appear in following fashion:

“Say victory to such Bharat Mata

Bharat Mata’s victory

Which claims to be a golden sparrow

 But, which actually is nothing but home of Dengue and

Malaria (illenesses)

It is sugar but is actually like a dung (animal waste)

Say victory to such Bharat Mata”

i) That it is most respectfully submitted that the abovesaid translation is

merely a probable translation of the song and it may or may not appear in

exact wordings in english (any other language) subtitiles, when the movie

shall be released worldwide, but whatever exact or similar translation is

given to the said song, the song shall bring the National Honour of India

into contempt, disrepute, disrespect, disgust and public insult on

international platforms. It is most respectfully submitted that the said

song has tendency of depicting India as home to illnesses, misery and

disgust.

j) That the said song has been written with clear intentions to outrage the

national honour and pride on any reasonable Indian having even small

sense of patriotism.

k) That it is highly shameful that the movie directors and producers can go

to this extent, that just as to promote their movies they put the national

honour on stake, in India and also on the international platforms.

l) That it is most respectfully submitted that directors/producers/promotional

team of any new movie makes many innovative ideas to promote their

new movies but it should be kept in notice that promotional stunts should

be confined only to some certain limits, and should not transgress the

limits of morality, decency and brining national honour in disrespect,

either in India or on International arenas. The right to speech is

guaranteed but the said right is not absolute and has certain restrictions

as per Constitution of India. The song has brought National honour and

respect of any reasonable India into disrespect and contempt.

m) That it is further pertinent to mention that even Respondent No. 2

(Censor Board) had earlier objected to the said lines of the song and

directed the film director/producer to delete it as it was against notional

honour. The said action of Respondent No. 2 was widely covered by

media, written and electronic. But surprisingly, director/producer did not

delete the said portion not amended it and the song was released as it,

more surprisingly, Respondent No. 2 (Censor Board) passed it this time.

The reasons are unknown but not unobvious.

n) That it is further most respectfully submitted that film directors/producers

have innovated a new method of promoting their movies. These

producers/directors, first include something very objectionable in their

movies and even on the directions of Censor Board don’t remove such

materials. And they delete or amend such materials only on directions of

Courts, on some PILs or other petition filed by some public spirited

persons. Hence, it is very apparent that these producers/directors have

started to use Law and Courts as their promotional platform to promote

their movies, as these court cases are widely covered by news media. It is

most respectfully submitted that said promotional stunts of film

producers/ directors should be discouraged and some strict action should

be taken to send a clear message to such producers/directors. In the

present case also the producer/director Mr. Dibakar Banerjee has done

something similar. He has clearly defied the directions of Respondent No.

2 (Censor Board) and released the impugned song in its original form and

then in a TV interview he said that song with will be deleted or amended

only upon a court order. The CD containing interview of producer/director

of movie “Shanghai” is annexed hereby as ANNEXURE P-2

o) That it is most respectfully submitted that not only the song from the

movie “shanghai” should be banned but also the movie should be stayed

till the removal of the song from the movie and till the new audio CD’s of

the movie are not launched in market, after deleting the said song.
p) WHAT IS BHARAT MATA:

i) That since time immemorial in Indian culture, the earth, the

land is considered as Mother/Mata. The land is worshipped,

as it has always been given the status of

Goddess/Mother/Mata. The fact is evident from the fact that

whenever any new land is purchased or received, there is a

ceremony known as “bhumi-pujan”, which means worship of

the land.

ii) That it is most respectfully submitted that in India,

earth (mitti) is also considered as a form of mother/mata,

and is often worshipped on many occasions in many regions.

iii) That it is most respectfully submitted that since ages,

earth is believed and considered liked a mother, and termed

as “mother-earth” who gives birth to all the flora, fauna,

humans and everything else including landscapes, rivers,

seas, mountains etc, and then nourishes them like a mother

does, and in Indian traditions it is called “ Dharti-Mata”

iv) The origin of earth as mother can be traced back in

Indian Culture when Lord Brahma created the universe and

also created Earth as his daughter and she was directed to

give birth to flora, fauna, rivers, seas, deserts, mountains

etc. Since those times Earth is considered as mother of all

things which are on earth.

v) That it is most respectfully submitted that India is not

only a country with political dimensions, it is infact home to

many cultures, traditions, customs, languages living together

under one roof. Despite many changes, political or

geographical, the tradition of considering earth as mother

has not changed with times. The earth was worshipped ever

since centuries and is still being worshipped as mother.

vi) That so as to explain the concept of Bharat-Mata, it is

pertinent to mention that, when Britishers ruled India it was

considered in India that Britishers are foreign enemies who

have invaded the land of India and such invasion was

considered as invasion into the mother itself. And when it

was here when seeds of term “Mother-India”/ “Bharat-Mata”

were sown. It is no doubt true that whole earth is

considered as mother (mother-earth), but after many new

nations came into existence, the world was divided into

many political boundaries and lands were assigned to such

nations accordingly. And accordingly Indians started to

consider India as mother-land and continued to worship the

land now known as “Bharat-Mata”/ “Dharti-Mata”.

vii) That it is most respectfully submitted that apart from

having religious or traditionally beliefs about land considered

as mother in India, the land is considered as mother even in

patriotic sense. When the land is worshipped in religious

sense, it is known as “Dharti-Mata”, and when land is

worshipped in patriotic sense, it is called “Bharat-Mata”

viii) That the term “Bharat-Mata” should not considered

just as a word or a substitute of term “Dharti-mata”, but

infact the term “Bharat-Mata” is sign of India’s struggle for

freedom, when thousands of Indians laid down their lives in

the name of “Bharat-Mata” and when even today our brave

soldiers protect the borders with only one word on their lips

i.e “Bharat-Mata”

j) That the term “Bharat-Mata” is not only a word which should

be loosely used in any context whenver convenient, but it is

the proof of emotional, religious, traditional values of

Indians who consider the land as their mother, and such

 land is considered as mother and nourishr of all the things

which are present all over India like Humans, animals, flora,

fauna, mountains, deserts, rivers, seas, land, soil, greenry

and everything else.

k) That it is pertinent to mention that during freedom struggle,

“Bharat-Mata” was even pictured on the Indian flags,

thereby showing that the struggle for freedom was not only

for a name called “India” but for the land whom Indians call

as mother i.e Bharat Mata.

l) That it is most respectfully submitted that there are many

temples in India which have been dedicated to “Bharat-

Mata” and hence it is evident that Indians have placed

“Bharat-Mata” as form of Goddess herself. And the said fact

is also proved by the reading of Vedas and puranas also.

m) That whenever “Bharat-Mata” is depicted in pictures and

paintaings, she is shown standing across India, with flag of

India in one hand and other hand raised for blessings.

n) That it is written in an ancient Hindu verse:

Ratnakaradhautapadam Himalyakirtitinim

Brahmarajarsiratnamdhyam vande

Bharatamataram II

“I pay my obeisance to mother Bharat, whose feet are

being a washed by the ocean, who wears the mighty

Himalaya as her crown, and who is exuberantly

adorned with the gems of traditions set by Brahmarsis

and Rajarsis”

o) That it is evident from the above reading that the term

“Bharat-Mata” hasn’t remained only as Word, but has

attained a status, larger then life. It has become a term

which reminds every Indian, our freedom struggle, when our

 forefathers laid down their lives. It has become a synonym

for National Honour and respect. The term is morale-booster

for Indian soldiers on borders who stand day-and-night to

guarn Indian borders from enemy infiltrations.

p) That it is most respectfully submitted that when any

derogatory term is used against concept of “Bharat-Mata” or

if the concept “Bharat-Mata” is used in any derogatory

sense, it is not only offensive to any common Indian with

reasonable patriotism but is also a slap on the face of

national honour, and it is like an insult shown to freedom

struggle of our forefathers.

q) That it is no doubt true that every country has some good qualities and

also some negative issues, but it is not at all justified that a citizen should

make fun of the country in local or international platforms. Moreover, it is

most shameful when such comments are directed against the national

honour just for earning some monetary profits. The solution is not in

insulting the national honour but in contributing towards the development.

r) That the producer/director has intentionally brought National Honour of

India into disrepute and has insulted the freedom struggle of Indians by

depicting “Bharat-Mata” as home of dengue and malaria and bundle of

dung (gobar).

s) That the producer/director has brought the patriotic feelings of many

Indians into contempt and has attempted to sell national honour for his

personal monetary profits.

GROUNDS

A) BECAUSE the impugned song of upcoming movie “Shanghai” has

brought the national honour and pride into disrepute, disrespect

and contempt
 B) BECAUSE the impugned song of upcoming movie “Shanghai” has

insulted the symbol of great Indian freedom struggle by tarnishing

the image of ‘Bharat Mata’

C) BECAUSE respondent no. 2 has committed a grave error in

permitting/passing the song “Bharat Mata” while knowing that the

song is offensive to any Indian with even a small sense of

patriotism

D) BECAUSE the song is insulting in nature and if released in India or

on International platforms, shall bring insult to national honour and

dignity

E) BECAUSE the impugned song “Bharat Mata” has hurt many people

who are patriotic in nature

9) That the Petitioner craves leave of this Hon’ble Court to add, alter or

amend any of the above grounds and to file Additional affidavit at a later

stage if so advised.

11) That no other petition seeking the same relief has been moved or

pending before this Hon’ble Court or any other Court including Supreme

Court of India. The present Writ Petition is bona-fide and made in the

interest of justice.

PRAYER

In the facts and circumstances of the case, as mentioned above, it is,

therefore, most humbly prayed that this Hon’ble Court may graciously be
pleased to:

A. pass an order directing respondent no. 1 and 2 to impose complete ban

on song (Bharat Mata) of movie “Shanghai”; and

B. pass an order directing respondent no. 1 and 2 to take steps and

completely ban the sale of audio CDs of movie “Shanghai” which contains
the song “Bharat Mata”; and

C. pass an order directing respondent no. 1 and 2 to impose complete ban

on playing/broadcast of song “Bharat Mata” on any TV channel, radio,
Internet portals or on any other platform whatsoever; and
D. pass an order directing respondent no. 1 and 2 to stop the broadcast of
movie “Shanghai” in any cinema hall across India, if it contains the song
“Bharat Mata”; and

E. pass any other order/orders which this Hon’ble Court may deem fit and
proper.
FOR THIS ACT OF KINDNESS THE PETITIONERS/APPLICANTS HEREIN
AS IN DUTY BOUND SHALL EVER PRAY

New Delhi Through

Dated

Vikas Padora, Rita Hingmang

1/35, 1st Floor
Double Storey
Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga …PETITIONER

VERSUS

Union of India & Anr. …RESPONDENTS

AFFIDAVIT IN SUPPORT OF THE PETITION

I, Tajinder Pal Singh Bagga, s/o Shri Preet Pal Singh, aged about 26 years r/o,
11/35B, 1st Floor, Tilak Nagar, New Delhi-18, do hereby solemnly affirm and
declare as under: -

1) That I am the petitioner in the present petition.

2) That I have filed the present petition as a Public Interest

Litigation.

3) That I have gone through the Delhi High Court (Public Interest
Litigation) Rules, 2010 and do hereby affirm that the present Public Interest
Litigation is in conformity thereof.

4) I have no personal interest in the litigation and neither myself nor

anybody is interested would in any manner benefit from the relief sought in
the present litigation save a member of General Public. The petition is not
guided by self-gain or gain of any person, institution, body and there is no
motive other than of public interest in filing this petition.

5) I have done whatsoever inquiry/investigation which was in my

power to do, to collect all data/material which was available and which was
relevant for this Court to entertain the present petition. I further confirm
that I have not concealed in the present petition any
data/material/information which may have enabled this Court to form an
opinion whether to entertain this petition or not and/or whether to grant
and relief or not.

6) The contents of the Petition are also explained to me in Hindi.

7) That I have not moved any other similar petition before the
Hon’ble Supreme Court of India or this Hon’ble Court or any other High
Court.

DEPONENT

VERIFICATION

Verified at New Delhi, this the ____day of______2012 that the contents
of this affidavit are true and correct to the best of my knowledge and belief
and nothing material has been concealed there from.
 DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)
Civil Misc. Application No. ______ of 2012
IN
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga …PETITIONER

VERSUS

Union of India & Anr. …RESPONDENTS

APPLICATION SEEKING AD INTERIM STAY ON MOVIE “SHANGHAI”

DURING THE PENDENCY OF THE PRESENT WRIT PETITION

To,
The Hon’ble Chief Justice
And His Companion Judges,
Of Delhi High Court,
At New Delhi
The Humble Petition of the Petitioner
Above named
MOST RESPECTFULLY SHOWETH:
1. That the present application has been filed in

the present Writ Petition seeking ad interim stay on the release and

broadcasting of movie “Shanghai” during the pendency of the present Writ

Petition.

2. That the detailed facts of the Writ Petition

are mentioned herein again for the sake of brevity and present application

may be read as part and parcel of main Writ Petition.

3. That it is most respectfully submitted that it

is highly shameful that the movie directors and producers can go to this

extent, that just as to promote their movies they put the national honour

on stake, in India and also on the international platforms.

4. That it is most respectfully submitted that

directors/producers/promotional team of any new movie makes many

innovative ideas to promote their new movies but it should be kept in

notice that promotional stunts should be confined only to some certain

limits, and should not transgress the limits of morality, decency and

brining national honour in disrespect, either in India or on International

arenas. The right to speech is guaranteed but the said right is not

absolute and has certain restrictions as per Constitution of India. The song

has brought National honour and respect of any reasonable India into

disrespect and contempt.

5. That it is further pertinent to mention that

even Respondent No. 2 (Censor Board) had earlier objected to the said

lines of the song and directed the film director/producer to delete it as it

was against notional honour. The said action of Respondent No. 2 was

widely covered by media, written and electronic. But surprisingly,

director/producer did not delete the said portion not amended it and the

song was released as it, more surprisingly, Respondent No. 2 (Censor

Board) passed it this time. The reasons are unknown but not unobvious.

6. That it is further most respectfully submitted

that film directors/producers have innovated a new method of promoting

their movies. These producers/directors, first include something very

objectionable in their movies and even on the directions of Censor Board

don’t remove such materials. And they delete or amend such materials

only on directions of Courts, on some PILs or other petition filed by some

public spirited persons. Hence, it is very apparent that these

producers/directors have started to use Law and Courts as their

promotional platform to promote their movies, as these court cases are

widely covered by news media. It is most respectfully submitted that said

promotional stunts of film producers/ directors should be

discouraged and some strict action should be taken to send a clear

 message to such producers/directors. In the present case also the

producer/director Mr. Dibakar Banerjee has done something similar. He

has clearly defied the directions of Respondent No. 2 (Censor Board) and

released the impugned song in its original form and then in a TV interview

he said that song with will be deleted or amended only upon a court

order.

7. That the present application is bona-fide and

made in the interests of Justice.

PRAYER

In the facts and circumstances of the case, as mentioned above, it is,

therefore, most humbly prayed that this Hon’ble Court may graciously be
pleased to:

A. pass an order granting ad interim stay on the release and broadcasting of

movie “Shanghai” during the pendency of the present Writ Petition:and

B. pass an order granting ad interim stay on the release and broadcasting of

movie “Shanghai” until the song “Bharat Mata” is not removed/deleted
from the movie; and

C. pass an order granting ad interim stay on release and broadcasting of

movie “Shanghai” until all the audio CD’s of the movie “Shanghai” are not
withdrawn from sale and edited accordingly with song “Bharat Mata”
removed from such CD’s; and

D. pass any other order/orders which this Hon’ble Court may deem fit and
proper.

FOR THIS ACT OF KINDNESS THE PETITIONERS/APPLICANTS HEREIN

AS IN DUTY BOUND SHALL EVER PRAY

New Delhi Through

Dated

Vikas Padora, Rita Hingmang

1/35, 1st Floor
Double Storey
Jungpura Extenstion
New Delhi-14
Mobile No. 09999195702
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY WRIT JURISDICTION)
Civil Misc Application No. ________ of 2012
IN
Writ Petition (Civil) No. _____ of 2012
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF :

Tajinder Pal Singh Bagga …PETITIONER

VERSUS

Union of India & Anr. …RESPONDENTS

AFFIDAVIT IN SUPPORT OF THE PETITION

I, Tajinder Pal Singh Bagga, s/o Shri Preet Pal Singh, aged about 26 years r/o,
11/35B, 1st Floor, Tilak Nagar, New Delhi-18, do hereby solemnly affirm and
declare as under: -

1) That I am the petitioner in the present interim application.

2) That I have filed the present application in main Writ Petition as a Public
Interest Litigation.

3) That I have gone through the Delhi High Court (Public Interest Litigation)
Rules, 2010 and do hereby affirm that the present Public Interest Litigation
is in conformity thereof.

4) I have no personal interest in the litigation and neither myself nor anybody
is interested would in any manner benefit from the relief sought in the
present litigation save a member of General Public. The petition is not
guided by self-gain or gain of any person, institution, body and there is no
motive other than of public interest in filing this petition.

5) I have done whatsoever inquiry/investigation which was in my power to do,

to collect all data/material which was available and which was relevant for
this Court to entertain the present petition. I further confirm that I have not
concealed in the present petition any data/material/information which may
have enabled this Court to form an opinion whether to entertain this
petition or not and/or whether to grant and relief or not.

6) The contents of the application are also explained to me.

7) That I have not moved any other similar petition before the Hon’ble
Supreme Court of India or this Hon’ble Court or any other High Court.

DEPONENT

VERIFICATION

Verified at New Delhi, this the ____day of______2012 that the contents
of this affidavit are true and correct to the best of my knowledge and belief
and nothing material has been concealed there from.

DEPONENT