Mumbai: Bombay HC grants interim protection to Mahesh Manjrekar, producers of Nay Varan Bhat Loncha Kon Nay Koncha

In an interim relief for actor and filmmaker Mahesh Manjrekar, the Bombay High Court on Tuesday directed the police not to take coercive action against him for three weeks in the case registered against him under the stringent Protection of Children from Sexual Offences Act (POCSO Act) observing that case was made out for “interim protection”.

An FIR was filed under the POCSO Act against Manjrekar and the producers of the movie “Nay Varan Bhat Loncha Kon Nay Koncha” for showing minor boys in sexually charged scenes in the promos of the movie.

A division bench of justices P B Varale and S P Tavade was hearing a petition filed by Manjrekar and the producers of the movie, Narendra and Shreyansh Hirawat seeking quashing of the complaint.

While issuing notice to the state government, the court observed: “Counsels for petitioners have made out a case for interim relief.”

Granting protection from coercive steps, the HC has kept the petitions for hearing after three weeks.

The court even noted that the complainant, Seema Deshpande, had submitted that the movie was released after the necessary censor certificate from the censor board

Manjrekar’s counsel Shirish Gupte argued that the disputed promos had been taken down by the producers and the movie was released. He further argued that the special court had issued process (against Manjrekar and Hirawats) without going through the contents of the movie.

On a court query, counsel for Hirawats, Aabad Ponda, said that the promos were taken down from YouTube and other online platforms. “They (complainant) won’t dispute that these contents are not there in the movie,” said Ponda.

Gupte even pointed out that a PIL on the movie was disposed of by the Nagpur bench of the HC. Further he said that once a certificate is granted by, if anyone has a grievance against the movie, then they have to approach the appellate authority.

“If the argument is considered, then in a rape scene, every artist in the scene should be prosecuted. Even in trailers of Gangubai Kathiawadi (movie), prostitutes are shown. Then even they must be prosecuted,” argued Gupte.

Praying for an interim protection, Ponda argued that they were willing to cooperate. “We will appear and cooperate. Let them not arrest,” said Ponda.

Ashish Chavan, complainant’s advocate, contended that although the producers had taken down the official trailer, it was still available on other sites and many people had downloaded the same and was available on CDs.