MUMBAI: Allahabad high court has dismissed a public interest litigation (PIL) seeking a stop on the telecast of Colors’ new show Namak Issk Ka.
A Lucknow-based dance society named Cultural Quest had approached the high court saying that the promo of the show Namak Issk Ka wrongly puts a question mark on marrying ladies who have danced on some occasion. The petitioners alleged the show to be in violation of the provisions of Cinematograph Act, 1952.
According to the petitioners, a TV serial like Namak Issk Ka too is a film as defined under section 2(dd) of the Act, 1952 and, as such, the same should also be subject to censor by the censor board established under section 3 of the Act, 1952.
A bench comprising chief justice Govind Mathur and justice Ramesh Sinha dismissed the writ petition, without expressing any opinion on the merits, and directed the petitioner to put forth their demand before the concerned authority first.
The bench stated, "Having considered the facts stated in the petition for writ, we are of considered opinion that the petitioner is seeking a writ in the nature of mandamus and for that, a condition precedent is that the person aggrieved must make a demand to the authority competent before approaching the court to have such writ. In the instant matter, no such demand has been made by the petitioner before approaching this court under article 226 of the constitution of India.”
The court has given liberty to the petitioner to make appropriate representation before the competent authority.