Case Summary: Ramesh Dalal vs Union of India (1988)
**Case Stats:**
Name of the Court: Supreme Court of India
Case No.: Writ Petition (Civil) No. 107 of 1988
Date of Decision: 01-02-1988
Bench: Division Bench – Sabyasachi Mukherjee, J.; S. Ranganathan, J.
Final Decision: Dismissed
Citations: (1988) 1 JT 262; (1989) 2 SCC 288 Supp
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=272236
Facts of the Case
The petitioner, a lawyer, filed a writ petition under Article 32 of the Constitution in public interest, seeking to ban the exhibition of the television serial 'Tamas'. The contention was that the serial offended public order and morality and posed a danger to public peace. The petition relied on apprehensions that its content could incite disharmony.
Law Points Raised
1. Whether the exhibition of 'Tamas' could be prohibited on the grounds of offending public order, morality, or causing public danger.
2. Scope of Article 32 in entertaining public interest petitions for pre-censorship or banning of artistic works.
3. Weight to be given to certification by the Board of Censors and judicial opinions of lower courts.
Acts / Provisions / Articles Referred
• Constitution of India, 1950 – Article 32
Judgements Referred
The Supreme Court relied upon the decision of the Board of Censors and the findings of the Bombay High Court in Appeal No. 96/88 arising out of W.P. No. 201/88 titled 'Govind Nihilani v. Union of India & Ors.'
Obiter Dicta
The Court remarked that judicial interference under Article 32 is unwarranted where there is no infringement or likelihood of infringement of a fundamental right, particularly in matters of artistic expression already cleared by the competent authorities.
Ratio Decidendi
The certification by the Board of Censors, along with judicial scrutiny by the High Court, was deemed sufficient to conclude that 'Tamas' did not threaten public order or morality. Therefore, no case for interference under Article 32 was made out.
Final Ruling
The Supreme Court dismissed the writ petition under Article 32, holding that there was no evidence that the television serial 'Tamas' would affect public order or cause any offence. The Court also dismissed the connected special leave petition.
Relevant Paragraph Numbers
Para 1–2: Court’s reasoning and dismissal order.
Summary
This case reaffirmed the principle that freedom of artistic expression cannot be curtailed without concrete proof of harm to public order or morality. Judicial intervention under Article 32 will not be entertained unless a fundamental right is directly and substantially impacted.
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=272236