As per case facts, a film producer, Keval Singh also known as KV Dhillon, faced an FIR for his movie "Shooter," which was accused of glorifying a gangster and promoting ...
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM M-2179-2024
Date of Decision:05.04.2025
Keval Singh @ KV Dhillon ...Petitioner
Versus
State of Punjab ... Respondent
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Mr. Harparteek Singh Sandhu, Advocate
for the petitioner.
Mr. Deepinder Singh Brar, Sr. DAG, Punjab.
N.S.SHEKHAWAT , J.
1. The petitioner has filed the present petition under Section
482 Cr.P.C. with a prayer to quash the FIR No. 0003 dated 09.02.2020
under Sections 153, 153-A, 153-B, 160, 107 and 505 IPC (Annexure
P-1) registered at Police Station SAS Nagar, District Mohali, Punjab
and all the subsequent proceedings arising therefrom.
2. The FIR in the present case was registered on the basis of
the complaint moved by Bhupinder Singh, Inspector and the same has
been reproduced below:-
“Today (09.02.2020) while Inspector was present in
Office, it has been revealed from reliable source that one
K.V. Dhillon produced a movie "Shooter" which is based
on the life and crimes of notorious gangster "Sukha
CRM M-2179-2024 -2-
Kahlwan" and it promotes violence, heinous crime,
extortion, threats and criminal intimidation. Notorious
gangster "Sukha Kahlwan" used to describe himself as
sharp shooter and was allegedly involved in more than
20 cases including murder, kidnapping and extortion. He
was killed by another gangster in January, 2016. The
producer has completed the movie "Shooter" and trailor
is already released on 18/01/2020 which has widely viral
on social media. The full movie "Shooter" is scheduled
to be released on 21/02/2020. This movie is likely to
instigate youngsters to take up arms and disturb public
peace and harmony. It may be recalled that in a
judgement rendered by Hon'ble Punjab and Haryana
High Court in civil writt petition 6213/2016 decided on
22.07.2019, it was directed that no songs or live shows
will be played which glorify liquor, drug and spread
violence. The act of K.V. Dhillon and the promoters,
Directors, story writer and Actors of the movie
"Shooter" disclose the commission of offences U/s 153,
153-A, 153-B,160,107,505 IPC. At 3:10 PM PS
SSOC, Mohali Sd/- Bhupinder Singh, Inspector, SHO,
SSOC, SAS Nagar dated 09.02.2020.”
3. Learned counsel for the petitioner contends that the
petitioner is a professional film producer, who had produced a film
titled as “Shooter”, which is the center of controversy in the present
case. The FIR was lodged with the broad allegations that the film
portrays the life and criminal undertakings of an infamous gangster,
namely, Sukha Kahlwan, and has been accused of promoting
violence, heinous crimes, extortion, threats and criminal intimidation.
CRM M-2179-2024 -3-
Sukha Kahlwan identified himself as a sharp shooter and was
allegedly engaged in over 20 criminal cases. In fact, the FIR also
raised concerns about its potential to incite young individuals to
participate in armed activities, which were likely to affect public
peace and harmony adversely. There was also a reference to the
judgment passed by this Court in CWP No. 6213 of 2016, whereby, a
prohibition was imposed on live shows which glorify liqour, drugs
and propagate violence. Learned counsel further contends that the
movie “Shooter” was released on 21.02.2020, however, the FIR was
registered on 09.02.2020 before its release. Thus, on 10.10.2020, the
State of Punjab suspended the exhibition of movie for a period of 02
months citing the reason that the release of the movie would glorify
violence and the younger generation could get influenced. In the
meantime, the petitioner and others applied for certification before the
Central Board of Film Certification (hereinafter to be referred as 'the
CBFC') and certification No. DIL/3/1/2020-del dated 13.03.2020 was
issued for the film, confirming its suitability for theatrical display and
the petitioner was granted permission to display the movie. Learned
counsel further refers to the certification dated 13.03.2020 (Annexure
P-3) in this regard. However, despite grant of certification (Annexure
P-3) by the CBFC, the petitioner could not release the movie in view
of the order dated 10.02.2020 (Annexure P-2) issued by the State of
Punjab. Further, in the purported compliance of the provisions of the
CRM M-2179-2024 -4-
Punjab Cinemas (Regulation) Act, 1952, another notification dated
12.07.2021 (Annexure P-4) was issued by the State Government,
suspending exhibition/release of the movie till further orders. The
petitioner filed CWP No. 14594 of 2021 titled as “Keval Singh Vs.
State of Punjab and another” before this Court and challenged the
notification dated 12.07.2021 (Annexure P-4) before this Court.
However, vide order dated 30.11.2021 (Annexure P-5), the operation
of the notification dated 12.07.2021 was stayed by this Court.
Thereafter, in view of the interim order passed by this Court, the
movie “Shooter” was finally released on 14.01.2022. Since, the movie
had been released and exhibited, the CWP No. 14594 of 2021 was
withdrawn before this Court.
4. Learned counsel for the petitioner contends that the FIR
in the present case was registered only on the basis of apprehension. It
has been stated that this Court had directed that no songs glorifying
the liquor, wine, drugs and violence are played even in live shows.
However, the petitioner had not violated any such directions, as
observed by this Court in judgment dated 22.07.2019 (Annexure P-6).
Further, from a reading of the FIR, it does not disclose any offence
under Sections 153, 153-A and 153-B of IPC. Even, there was no
element of mens rea, in doing the acts, which were allegedly
contemplated in the aforesaid provisions of law. Still further, in the
start of the movie, there was a disclaimer that the movie is the work
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of fiction and names, characters, business, places, events and
incidents were used in a fictitious manner and any resemblance to
actual persons, living or dead or actual events was purely coincidental
and the movie was made only for the purpose of entertainment and
did not intend to hurt sentiments of any person. Still further, the
movie was created with a bona fide intention to enlighten the young
generation about the perils of unlawful and anti-social way of life.
The title “Shooter” did not signify the promotion of gun culture,
instead it conveyed a message aimed at deterring society from
engaging in illegal activities.
5. Learned counsel for the petitioner further contends that
the certification issued by the CBFC under the law was a guarantee
that the movie satisfied the requirement of law and was fit to be
exhibited in public. Any person, who was aggrieved by the decision
of the CBFC had the remedy of filing an appeal before the competent
authority, which was not done. Even, the State of Punjab or any other
individual had not challenged the grant of certification dated
13.03.2020 (Annexure P-3) and thus, the FIR amounted the misuse of
process of law and was violation of fundamental right of expression,
which was guaranteed to the petitioner under Article 19(1)(a) of the
Constitution of India. Learned counsel further submits that the FIR as
well as all proceedings emanating from the same are liable to be
quashed by this Court.
CRM M-2179-2024 -6-
6. On the other hand, learned State counsel has vehemently
opposed the submissions made by the learned counsel for the
petitioner on the ground that the name itself suggests that the film
made by the present petitioner aimed at glorifying the “violence”, the
FIR was rightly registered in view of the directions passed by this
Court in CWP 6213 of 2016. Even if, a certification has been
provided by the CBFC, the police was having a right independently to
examine whether the ingredients of the offence were fulfilled and had
rightly registered the FIR against the present petitioner. Even, the
State government imposed reasonable restrictions on the rights of the
petitioner under Article 19 of the Constitution of India and the film
had been correctly banned as well. Thus, the present petition is liable
to be dismissed by this Court.
7. I have heard the rival submissions made by the learned
counsel for the parties and perused the record carefully.
8. In the present case, the present petitioner is sought to be
prosecuted by the police for the commission of the offences
punishable under Sections 153, 153(A) and 153(B), 160 and 505 of
IPC. Section 153A was amended by the Criminal and Election Laws
(Amendment) Act 1969 - Act No.XXXV of 1996. It consists of three
clauses of which clauses (a) and (b) alone are material now. By the
same amending Act sub-section (2) was added to Section 505 of the
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Indian Penal Code. Clauses (a) & (b) of Section 153A and Section
505(2) are extracted below:
"153-A. Promoting enmity between different groups on
grounds of religion, race, place of birth, residence,
language, etc., and doing acts prejudicial to
maintenance of harmony.-
(1) Whoever
(a) by words, either spoken or written, or by signs or by
visible representations or otherwise, promotes or
attempts to promote, on grounds of religion, race, place
of birth, residence, language, caste or commuity or any
other ground whatsoever, disharmony or feelings of
enmity, hatred or ill-will between different religious,
racial, language or regional groups or castes or
communities, or
(b) commits any act which is prejudicial to the
maintenance of harmony between different religious,
racial, language or regional groups or castes or
communities, and which disturbs or is likely to disturb
the public tranquillity, or ..........................
shall be punished with imprisonment which may extend
to three years, or with fine, or with both."
"505(2) Statements creating or promoting enmity, hatred
or ill- will between classes.- Whoever makes, publishes
or circulates any statement or report containing rumour
or alarming news with intent to create or promote, or
which is likely to create or promote, on grounds of
religion, race, place of birth, residence, language, caste
or community or any other ground whatsoever, feelings
of enmity, hatred or ill-will between different religious,
CRM M-2179-2024 -8-
racial, language or regional groups or castes or
communities, shall be punished with imprisonment
which may extend to three years, or with fine, or with
both."
The common ingredient in both the offences is promoting
feeling of enmity, hatred or ill-will between different religious or
racial or linguistic or regional groups or castes or communities.
Section 153A covers a case where a person by "words, either spoken
or written, or by signs or by visible representations" promotes or
attempts to promote such feeling. Under Section 505(2), promotion of
such feeling should have been done by making and publishing or
circulating any statement or report containing rumour or alarming
news.
9. The Hon'ble Apex Court has held in Balwant Singh and
another vs. State of Punjab (1995 3 SCC 214) that mens rea is a
necessary ingredient for the offence under Section 153A. Mens rea is
an equally necessary postulate for the offence under Section 505(2)
also as could be discerned from the words "with intent to create or
promote or which is likely to create or promote" as used in that
sub-section.
10. The main distinction between the two offences is that
publication of the word or representation is not necessary under the
former, such publication is sine qua non under Section 505. The
words "whoever makes, publishes or circulates" used in the setting of
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Section 505(2) cannot be interpreted disjunctively but only as
supplementary to each other. If it is construed disjunctively, any one
who makes a statement falling within the meaning of Section 505
would, without publication or circulation, be liable to conviction. But
the same is the effect with Section 153A also and then that Section
would have been bad for redundancy. The intention of the legislature
in providing two different sections on the same subject would have
been to cover two different fields of similar colour. The fact that both
sections were included as a package in the same amending enactment
lends further support to the said construction.
11. Yet another support to the above interpretation can be
gathered from almost similar words used in Section 199 of the Penal
Code as "whoever by words.........makes or publishes any
imputation......."
12. In Sunilakhya Chowdhury vs. H.M. Jadwet and
another (AIR 1968 Calcutta 266) it has been held that the words
"makes or publishes any imputation" should be interpreted as words
supplementing to each other. A maker of imputation without
publication is not liable to be punished under that section. I am of the
view that the same interpretation is warranted in respect of the words
"makes, publishes or circulates" in Section 505 IPC also.
13. The common feature in both sections being promotion of
feeling of enmity, hatred or ill-will "between different" religious or
CRM M-2179-2024 -10-
racial or language or regional groups or castes and communities it is
necessary that atleast two such groups or communities should be
involved. Merely inciting the feeling of one community or group
without any reference to any other community or group cannot attract
either of the two sections.
14. The result of the said discussion is that petitioner who
has not done anything as against any religious, racial or linguistic or
regional group or community cannot be held guilty of either the
offence under Section 153A or under Section 505(2) of IPC.
15. However, on a reading of the provisions of Section
153(a) and 153(b), it is apparent that no offence under those sections
is made out against the present petitioner. The FIR admittedly was
registered on the basis of a trailer and the complainant had lodged the
FIR, without even watching the movie and seeing the offending
contents of the movie. Even, there is no evidence to suggest that the
petitioner had provoked any person with an intention that such
provocation will cause the offence of rioting. Further, the movie in
question does not promote enmity between different groups on the
ground of religion, race, place of birth, residence as well as language
etc., or which could prejudice the maintenance of harmony between
various groups. The intention to cause disorder or incite the people to
violence is sine qua non of the offence under Section 153-A of IPC
and high degree of mens rea was required to prove the prima-facie
CRM M-2179-2024 -11-
existence of such an offence against the petitioner. Similarly, there
was no evidence to suggest that the imputations and assertions were
prejudicial to national integration and this Court fails to understand as
to how the offence under Section 153(b) IPC was invoked by the
police. Apart from that, the police had invoked the provisions of
Section 160 IPC, which provides for the punishment for committing
affray. Section 159 of IPC defines “Affray”, which has been
reproduced below:-
“159. Affray.—When two or more persons, by fighting in a
public place, disturb the public peace, they are said to
“commit an affray”.
16. In the present case, there was nothing on record to
suggest that the FIR was registered as a result of an affray between
two or more persons. Still further, the ingredients of Section 505 IPC
were completely missing in the instant case. The prosecution has
miserably failed to show that any statement made by any character in
the movie could lead to public mischief or any statement promoted
enmity, hatred or ill-will between classes or offence was committed in
a place of worship etc. Still further, it has been alleged in the FIR that
the movie “Shooter” was likely to instigate gangsters to take up arms
and disrupt the peace and harmony, which would also be in violation
of the judgment passed by this Court in CWP 6213 of 2016. However,
this Court is in agreement with the arguments raised by learned
counsel for the petitioner that to illicit the consequences of a social
CRM M-2179-2024 -12-
evil, social evil has to be shown necessarily. In fact, it appears that the
complainant has drawn unnecessary inferences from the title of the
movie “Shooter” without even watching the movie himself, as the
FIR is admittedly based on watching of a trailer of the movie by the
complainant.
17. The observations made by this Court also find strength
from the law laid down by the Hon’ble Supreme Court in the matter
of Bilal Ahmed Kaloo Vs. State of Andhra Pradesh, 1997(3) R.C.R.
(Criminal) 812.
18. In the matter of Bobby Art International Vs. Om Pal
Singh Hoon (1996 AIR (SC) 1846), the Hon’ble Supreme Court has
held as follows:-
“...A film that illustrates the consequences of a social
evil necessarily must show that social evil. The
guidelines must be interpreted in that light. No film that
extols the social evil or encourages it is permissible, but
a film that carries the message that the social evil is evil
cannot be made impermissible on the ground that it
depicts the social evil. At the same time, the depiction
must be just sufficient for the purpose of the film. The
drawing of the line is best left to the sensibilities of the
expert Tribunal..."
19. Apart from that, the law is well settled that the
certification issued by the CBFC, i.e., statutory body, guarantees that
movie in question satisfies the requirement of law and may be
exhibited for the public watching. Further, the statute itself provides
CRM M-2179-2024 -13-
the remedy of appeal and judicial review and any person can avail his
remedy in accordance with law. In the present case, admittedly,
neither the State of Punjab nor any other individual had challenged
the ground of certification dated 13.03.2021 (Annexure P-3) and,
thus, the FIR in question is clearly an abuse of the process of the law.
The Hon’ble Supreme Court has held in the matter of Raj Kapoor Vs.
Laxman, 1980 AIR (Supreme Court) 605 as follows:-
“7. Indeed, the Penal Code is general, the
Cinematograph Act is special. The scheme of the latter is
deliberately drawn up to meet the explosively expanding
cinema menace if it were not strictly policed. No doubt,
the cinema is a great instrument for public good if
geared to social ends and can be a public curse if
directed to anti-social objectives. The freedom of
expression, the right to be equally treated and the
guarantee of fair hearing before heavy investments in
films are destroyed belong to Indian citizens under the
Constitution. But all freedom is a promise, not a menace
and, therefore, is subject to socially necessary restraints
permitted by the Constitution. Having regard to the
instant appeal of the motion picture, its versatility,
realism, and its coordination of the visual and aural
senses, what with the art of the cameraman with trick
photography, vistavision and three dimensional
representation, the celluloid art has greater capabilities
of stirring up emotions and making powerful mental
impact so much so the treatment of this form of art on a
different footing with pre-censorship may well be
CRM M-2179-2024 -14-
regarded as a valid classification, as was held in K.A.
Abbas. K.A. Abbas v. The Union of India and Anr.
Maybe, art cannot be imprisoned by the bureaucrat and
aesthetics can be robbed of the glory and grace and free
expression of the human spirit if governmental palate is
to prescribe the permit for exhibition of artistic
production in any department, more so in cinema
pictures. So it is that a special legislation viz. the Act of
1952, sets up a Board of Censors of high calibre and
expertise, provides hearings, appeals and ultimate
judicial review, pre-censorship and conditional
exhibitions and wealth of other policing strategies. In
short, a special machinery and processual justice and a
host of wholesome restrictions to protect State and
society are woven into the fabric of the Act. After having
elaborately enacted such a legislation can it be that a
certificate granted under it by expert authority can be
stultified by a simple prosecution or a shower of
prosecutions for an offence under Section 292 I.P.C.,
driving the producer to satisfy a 'lay' magistrate that the
certificate of the Board of Censors notwithstanding, the
film was offensive? The Board under Section 5B has to
consider, before certification, all the points Section 292
I.P.C. prescribes. Indeed, neither the Penal Code nor the
Cinematograph Act can go beyond the restrictions
sanctioned by Part III of the Constitution and once the
special law polices the area it of pro tanto out of bounds
for the general law. At least as a matter of interpretation,
Section 79 I.P.C. resolves the apparent conflict between,
Section 292 I.P.C. and Part II of the Act relating to
certification of films. If the Board blunders, the Act
CRM M-2179-2024 -15-
provides remedies. We are sure the public-spirited citizen
may draw the attention of the agencies under the Act to
protect public interest”.
10. Two things deserve mention before we close.
Prosecutions like this one may well be symptomatic of
public dissatisfaction with the Board of Censors not
screening vicious films. The ultimate censorious power
over the censors belongs to the people and by
indifference, laxity or abetment, pictures which pollute
public morals are liberally certificated, the legislation,
meant by Parliament to protect people's good morals,
may be sabotaged by statutory enemies within.
Corruption at that level must be stamped out. And the
Board, alive to its public duty, shall not play to the
gallery; nor shall it restrain aesthetic expression and
progressive art through obsolete norms and grandma
inhibitions when the world is wheeling forward to
glimpse the beauty of Creation in its myriad
manifestations and liberal horizons. A happy balance is
to
“...consider, on the one hand, the number of readers they
believe would tend to be depraved and corrupted by the
book, the strength of the tendency to deprave and
corrupt, and the nature of the depravity or corruption;
on the other hand, they should assess the strength of the
literary, sociological and ethical merit which they
consider the book to possess. They should then weigh up
all these factors and decide whether on balance the
publication is proved to be justified as being for the
public good”. [Calder and Boyars Ltd. [1969] 1 QB 151
at p. 172]”
CRM M-2179-2024 -16-
20. However, such a right is subject to certain requisite
restrictions, which have been provided by the Cinematogroph Act
1952, which provides a specific mode for certification of movies with
a complete and full proof mechanism to ensure that the depictions
made therein are not found offending the feelings of anyone and are
in conformity to the “freedom of expression” guaranteed under
Article 19 of the Constitution of India. The law is well settled that the
CBFC is the only statutory authority, which could examine the
contents of a movie to find out whether the same could be released for
public viewing or not. Once the certification (Annexure P-3) had been
accorded as per the provisions of Cinematograph Act, 1952, it had to
be presumed that the contents of the movie satisfy four-corners of
law.
21. In view of this above said discussion, this Court is of the
considered opinion that the petitioner must succeed and the FIR
No. 0003 dated 09.02.2020 under Sections 153, 153-A, 153-B, 160,
107 and 505 IPC (Annexure P-1) registered at Police Station SAS
Nagar, District Mohali, Punjab and all proceedings emanating
therefrom are liable to be quashed by this Court.
22. Allowed.
05.04.2025 (N.S.SHEKHAWAT)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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