Thank you my lord, And may it please the court.

I am here today to exhibit my arguments

and counter arguments against the ban of TV web series “TANDAV” as I believe censorship
reflects lack of confidence of society in itself. However petitioner thinks otherwise. So lets
starts with legal issues involved.

Legal issues
1. weather the web series hurt the sentimental of the people and hurt the Indian culture
and nationalism by portraying the Hindu deities in a different manner and the police
personnel being careless or the Provision under Article 25.
2. Whether the ban of the web-series violates the right to Freedom of speech and
expression granted by the Constitution of India.
3. web-series will create communal tensions amongst the people or it should be banned
because of its sensitive content or not

Arguments
1. ban on the web series will be volition of article 19(a) of Indian constitiution
that says about freedom of speech and expersion as well as it will also
violation of article 19(G) which gives liberty to earn his/her livelihood freely
as the ban on web series will cause a huge monetary loss to producers,
director and other co-related workers. Insults to religion unwittingly,
carelessly or without any deliberate or malicious intention do not come within
the section. The web series "TANDAV" is not made with any deliberate or
malicious intention to outrage the religious feelings of any community. The
scenes of web series should be viewed as a whole and few scenes cannot be
viewed in isolation. It is a political drama and it shows the ugly side of a
power-hungry politician. And banning this web series is absolutely
unreasonable because it is fictional play.
2. Article 14 of the Constitution of India reads as under: “The State shall not
deny to any person equality before the law or the equal protection of the
laws within the territory of India.
As controversy on banning this web series is its name “Tandav” which is
anger dance of lord shiva and some scene which uses Hindu god name.
There are several movies which are released before on the name of God and
goddesses and shown in disrespect manner and also approved under
cinematograph act 1952. Examples are Ram Teri ganga Maili, Satyam Shivam
Sundram, P.K, Oh My God, Goliyon Ki Rasleela Ram Leela and many more.

Counter Argument
1. Petitioner says that accuse the makers of ‘Tandav’ web-series of intending to
“outrage religious sentiments” and publish “material which can cause harm” under
Section 505(1)(b) of IPC as the Indian religious has been portrayed in mocking and
offensive manner.

Counter-: The web series cannot be viewed by public at large. Only those who
pay for the same can see it on the Amazon Prime Video Services. The
fundamental right of freedom guaranteed under Article 19 (1) (a) of the
 Constitution of India can be reasonably restricted only for the purpose mentioned
in Article 19(2) thereof. The Constitution of India does not confer any protection
to the dissenters of free speech and expression. Reliance has been placed on the
judgement of the Apex Court in the case of Manohar Lal Sharma Vs. Sanjay
Leela Bhansali, AIR 2018 SC 86 and has been submitted that the freedom of
speech cannot be thwarted merely on the whims of some person and it should be
given broad interpretation.

1. A scene in the first episode of Tandav features actor Mohd. Zeeshan Ayyub
performing a college play. The scene shows him wearing a pantsuit, holding a
‘damroo’ and saying “What the Fuck”. This clearly insults the Hindu deity Shiva,
violation of section 295 of IPC which is injuring or defiling place of worship with
intent to insult religion of any class.

Counter-: I would like to counter of opposition that section 295-A I.P.C., is bad

in law since there was no deliberate and malicious intention in the web-series
aimed at insulting religious beliefs of any class of citizens. The series is a work of
fiction and it has nothing to do with the religious beliefs of anyone. Reliance has
been placed on the judgement in the case of Mahendra Singh Dhoni Vs. Shyam
Sundar and another, 2017 (7) SCC 760 wherein the Apex Court has held
that Section 295-A I.P.C., penalises only those acts of insults which are done with
deliberate and malicious intention of outraging the religious feelings of that class
of citizens. Insults to religion unwittingly, carelessly or without any deliberate or
malicious intention do not come within the section. The web series "TANDAV" is
not made with any deliberate or malicious intention to outrage the religious
feelings of any community. The scenes of web series should be viewed as a whole
and few scenes cannot be viewed in isolation. It is a political drama and it shows
the ugly side of a power-hungry politician. Thus, offences alleged under section
295-A IPC is void.

PRAYER
Therefore, it is prayed, in the light of issues raised, arguments advanced and authorities cited,
that this Hon’ble Court may be pleased to: Dismiss the application seeking ban on Tandav
Web series (2021) by Ali Abbas Zafar
And pass an order that this Hon’ble court may deem fit in the interest of equity, justice.