The Rajasthan High Court:– has dismissed an application filed by jailed self-proclaimed godman, Asaram Bapu seeking a ban on the release of the Manoj Bajpayee starrer ‘Sirf Ek Banda Kaafi Hai’ in theatres and (OTT) platforms.
On May 23, Manoj Bajpayee’s most recent courtroom drama, Sirf Ek Bandaa Kaafi Hai, debuted. Attorney Poonam Chand Solanki’s own experiences with the 2013 Asaram Bapu rape case served as the basis for the film, which has stirred up debate ever since its trailer was released. Manoj Bajpayee plays the key role in the courtroom drama Sirf Ek Bandaa Kaafi Hai. The story of the movie centres on a lawyer who fights for the girls who were wronged by a godman.
In order to prevent the movie from opening in theatres and on OTT platforms, Asaram Bapu had filed a petition.
According to insiders, the video is so unpleasant that Asaram’s philanthropic organisation, Sant Shri Asaramji Ashram Charitable Trust, sent the filmmakers a legal warning accusing them of creating a “highly objectionable and defamatory” film.
Introduction to Asaram Bapu:-
Asaram Bapu, also known as Asumal Sirumalani Harpalani, is one of India’s most well-known self-styled Godmen. However, the so-called Godman is infamous for his crimes. Earlier, Asaram, who is currently imprison , and another man named Om Prakash Lakhani asked for a stay in the release of the movie made and directed by Zee5 Studio.
After the nation was divided, Asaram, who was born in Sindh (now Pakistan) in 1941, moved to Ahmedabad. After his father’s death, he reportedly took over the coal and wood business, and shortly after, he moved to Vijapur in Gujarat, close to Mehsana.
Throughout his adolescent years, Asaram frequently left his house to visit other ashrams in quest of enlightenment. In October 1964, Asumal finally had the opportunity to meet Leelashahji Maharaj, his spiritual guide, and entered his discipleship the following month. He was granted the name Sant Shri Asaramji Maharaj by Leelashahji. Nevertheless, he was promptly kicked out of Leelashahji’s ashram.
In 1972, he established his first ashram in the village of Motera, close to Gujrat, with only five to ten disciples. Later, when he moved to Surat, he gained more supporters from the indigenous tribes.
Rape Case incident s reported : 2013
The ‘Godman’ was accused of raping a 16-year-old girl from Shahajahanpur, Uttar Pradesh, on August 15, 2013, in his ashram in the Manai village, close to Jodhpur.
The girl claims that Asaram sexually assaulted her during a ritual intended to “cure her of evil.” The girl, an ashram student, said Asaram inappropriately grabbed her and requested her to have oral sex with him. When the girl’s parents, who were both Asaram adherents, denounced him to the police, he was taken into custody and brought to Jodhpur. The Gandhinagar Sessions Court sentenced Asaram, 81, to life in prison. In an effort to have his life sentence commuted, he filed a series of bail requests and appealed his conviction to the Supreme Court. But none of his arguments were taken into consideration. Four more people were accused of extortion for sexual favours in the accusation against him.
According to reports, Asaram was charged with violating Sections 376 (rape), 342 (wrongful confinement), 506 (criminal intimidation), and 509 (insulting any woman’s modesty) of the Indian Penal Code as well as Sections 8 of the Protection of Children from Sexual Offences Act (POCSO) and Sections 23 and 26 of the Juvenile Justice Act.
While Asaram was detained, a number of significant witnesses—including the Godman’s doctor Amrut Prajapat, his cook Akhil Gupta, and witness Kripal Singh, who was shot dead in two different incidents—disappeared or were attacked.
Two further witnesses in the case, Mahendra Chawala and Rahul Sachan, were attacked in 2015 while on the Jodhpur court premises. Nevertheless, they were able to survive and eventually overthrew Asaram.
Introduction to Poonam Chand Solanki:-
The 16-year-old girl’s legal representative in the 2013 rape case against Asaram was advocate Poonam Chand Solanki, also known as PC Solanki.
Sources claim that Solanki was born to a former railway technician in Jodhpur, Rajasthan. He is the lone brother among his three sisters. Solanki’s family made sure he finished high school and went to law school despite having little money.
In 2014, the parents of the youngster sought Solanki to challenge Asaram in court. Salman Khursheed, Subramanian Swamy, Ram Jethmalani, and KTS Tulsi were just a few of the various lawyers Asaram is said to have changed for his defence in the case, according to reports.
In one of his interviews with The Times of India, Solanki disclosed that he had been threatened with leaving the case after being first promised millions of rupees. But he remained committed to the inquiry. As soon as Solanki was appointed to act as the family of the minor’s representative, he made it plain that he would not charge them any fees because they couldn’t afford it at the time.
RAJASTHAN HIGH COURT REFUSES TO STAY RELEASE OF FILM SIRF EK BANDA KAAFI HAI , ALLEGEDLY MADE ON LIFE OF ASARAM BAPU
The release of the movie “Sirf Ek Banda Kaafi Hai,” which is supposedly based on the life of Asaram Bapu, was the subject of an interim appeal that the Rajasthan High Court rejected. “There is nothing directly found related to the petitioner no. 2 (Asaram Bapu) that could persuade this Court to grant the relief prayed for in the stay application filed by the petitioners,” the bench of Justice Dr. Pushpendra Singh Bhati stated.
Justice Pushpendra Singh Bhati, while dismissing the stay application, observed,
“After watching the trailer of film in question, it has been revealed that nothing is related to the petitioner no.2 n the same. Therefore, petitioners have not been able to make out a prima facie so as to persuade this Court to pass any interim injunction order in regard to the movie in question,” he said.
The Justice added that as the movie has already been published and the petitioners did not timely register their lawsuit, relief cannot be given at this time. The makers of the movie would suffer severe financial loss if a stay was granted. The Court clarified that neither party will be prevented from raising their legal arguments at the time of the writ petition’s final merits-based disposition if the stay application is rejected.
Asaram Bapu, who is presently incarcerated in connection with a rape case, and Om Prakash Lakhani, a trustee of the Sant Shri Asaram Ji Ashram Charitable Trust, have filed the petition. According to the complaint, Asaram Bapu’s life was the subject of a movie that was filmed without his consent and that portrayed him negatively.
The film, which is directed by Apoorv Singh Karki and produced by Zee5 Studio among others, stars actor Manoj Vajpayee in the title character. The petition claims that the film, which reportedly depicts Asaram as a malicious figure named “Ravana” who has done horrible acts, has breached his reputation and privacy rights. The Court stated that it must first be determined “whether any prime facie case is made out by the petitioner to seek any interim injunction” with regard to the contested movie before making a decision on the interim injunction application.
The defence claimed that it was based on his life without getting his consent and painted a bad picture of him.
Bench stated that “nothing in the same is related to Asaram” in the movie’s trailer, which premiered on May 5. Given that the film in question was already released on an OTT platform on May 23, the court stated that if an interim order was granted as requested by the petitioners in this case, the respondent-film producer would suffer an unjustified and significant financial loss.
The Justice added that as the movie has already been published and the petitioners did not timely register their lawsuit, relief cannot be given at this time. The makers of the movie would suffer severe financial loss if a stay were granted.
Order by justice pushpendra singh bhati states :
The present stay application is dismissed. However, the dismissal of the stay application shall not preclude either of the parties to raise their legal issues, which they wish to, at the time of final disposal of the writ petition, on merits. The learned counsel for the parties are requested to file a detailed reply, rejoinder and other relevant documents, if necessary, before listing of the writ petition for final adjudication.
The petitioners may later seek compensation for damages and slander if their reputation or dignity have been violated, Justice Pushpendra stated. The writ petition will be listed by the court for further consideration in the second week of July 2023.
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