Indore (Madhya Pradesh): Indore bench of Madhya Pradesh High Court has dismissed a writ petition filed by Siddiqua Begum Khan, daughter of late Shah Bano Begum, seeking to restrain the release and screening of the upcoming film “Haq.”
The film, inspired by the landmark 1985 Supreme Court judgment in Mohd Ahmed Khan vs Shah Bano Begum, is scheduled for release on November 7.
Justice Pranay Verma ruled that an individual's privacy and reputation end with their life and cannot be claimed by heirs.
The petitioner had argued that the movie dramatised and commercialised her mother’s personal and matrimonial life without consent, causing emotional distress to the family. She alleged that the film’s teaser and trailer sensationalised Shah Bano’s experiences and violated her dignity and the family’s reputation.
The producers and director, represented by senior advocates, contended that “Haq” is a fictionalised adaptation of journalist Jigna Vora’s book “Bano: Bharat Ki Beti,” and not a biopic. They maintained that the film is inspired by the public record of the Shah Bano case and includes a clear disclaimer stating that all characters and events are fictional.
Justice Verma upheld the filmmakers’ right to creative freedom under Article 19(1)(a) of the Constitution, emphasizing that since the film carries a disclaimer and has been certified by the Central Board of Film Certification (CBFC), it is presumed to comply with legal and ethical standards.
The court noted that the film is clearly identified as dramatized, fictional, and inspired by a Supreme Court judgment. As it does not present itself as a true account, claims of sensationalisation or false portrayal are unfounded. The film’s script and dialogues are not required to be drawn from judicial records, as it does not claim to be a biopic.
The court further noted: "The contention of the petitioner may have been acceptable if the film had been claimed to be true, but it is only claimed to be a dramatized and fictionalized adaptation and an inspiration. In the course of the same, it was not required to be an exact adaptation.
The film is not stated to be based purely on the decision in the case of Shah Bano, hence if it contains any personal or matrimonial details for dramatisation and picturisation, nothing wrong can be found in the same. The contention of the petitioner that the film is a fabrication and is based on fictional narrative, hence cannot be accepted".
The court also criticised the petitioner for approaching it just six days before the film’s release, despite being aware of its production since early 2024. “Her conduct is not that of a vigilant litigant,” the judge noted, citing delay and laches as an additional ground for dismissal.
Concluding that no fundamental rights had been violated, the High Court dismissed the petition as “devoid of merit,” clearing the way for the release of “Haq.”
