The Supreme Court on Thursday agreed to hear a plea challenging the release of a biopic on Prime Minister Narendra Modi as a violation of the Model Code of Conduct for the Lok Sabha polls of 2019.
A Bench led by Justice S.A. Bobde listed the case for urgent hearing on April 8.
The petition filed by advocate and Congress spokesperson Aman Panwar, represented by senior advocate A.M. Singhvi, said the film PM Narendra Modi would act as an influence against free and fair elections, which is a part of the basic structure of the Constitution.
The court initially asked the petitioner why he had approached the Supreme Court directly.
Mr. Singhvi, for Panwar, responded that both the high courts in Delhi and Mumbai have refused to entertain similar petitions and it would be futile to move courts that have already made their views known.
The Delhi High Court on April 1 had declined to entertain a plea seeking to defer the release of the film until the results of the 2019 Lok Sabha election are declared.
A Bench of Chief Justice Rajendra Menon and Justice Anup J. Bhambhani had refused to entertain the petition filed by Advocate Sujeet Kumar Singh, which sought action against the makers of the film for violating the Model Code of Conduct (MCC).
The film is set to hit the theatres on April 5.
The petition had contended that the model code came into force when the election schedule was announced by the poll panel on March 10.
The petition claimed that on January 7, 2019, the Chief Minister of Maharashtra launched the official poster of the film “in a grand occasion in Mumbai”.
“The film, if released for public during the period the Model Code of Conduct is in operation… could have a great impact on voters... it can be seen as campaign material to be used before voting when the official publicity is banned,” the petition in Delhi High Court had stated.
Opposition parties, including the Congress, the CPI(M) and the CPI, have approached the poll panel seeking postponement of the release of the film until the last phase of voting on May 19 is over.
The Delhi Chief Electoral Officer has sought response from the film producers on the issue.
The Bombay High Court had also refused to interfere with the release of the film.