Indore (Madhya Pradesh): Indore bench of Madhya Pradesh High Court on Tuesday reserved its verdict on a petition filed by Siddiqua Begum Khan, daughter of Shah Bano Begum, seeking to restrain the release of the upcoming film ‘Haq’ starring Yami Gautam Dhar and Emraan Hashmi.
The petitioner claimed that the movie violates her late mother’s personality and privacy rights, portraying her in a derogatory and defamatory manner, and was produced without the family’s consent. The film, set for release on November 7, is said to be inspired by the 1985 Supreme Court judgment in Mohd Ahmad Khan vs Shah Bano Begum, which upheld the right of a divorced Muslim woman to maintenance under Section 125 of the CrPC.
Appearing for the petitioner, Advocate Tousif Warsi argued that the movie’s trailer and teaser misrepresent Shah Bano’s image, citing scenes and dialogues that allegedly demean her dignity. He contended that merely changing names in the film — where the protagonist is called Shazia Bano — does not absolve the producers of responsibility.
The counsel for Junglee Pictures, the film’s producer, maintained that “Haq” is a dramatised and fictionalised adaptation of journalist Jigna Vora’s book “Bharat Ki Beti” and the landmark judgment, emphasising that it is not a biopic. The disclaimer preceding the film states that any resemblance to real persons or events is “purely coincidental and unintentional.”
Producers further argued that questions of privacy and publicity rights do not survive after a person’s death and that the petitioner had an alternative remedy under the Cinematograph Act to challenge the CBFC certification before the Central Government.
Counsel for the Central Board of Film Certification (CBFC) informed the court that the film had been cleared by a five-member committee after due consideration, and no recommendations for cuts or deletions were made. “Every doubt raised was duly examined before certification was granted,” the CBFC counsel said.
After hearing all sides, Justice Pranay Verma reserved the order.
