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‘Satluj’ takedown reaches HC, plea seeks restoration

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A petition has been filed in the Punjab and Haryana High Court seeking directions for the restoration of the film “Satluj” on ZEE5 platform after it was made unavailable for viewing in India.The plea has been filed by Sharwan Singh, who has contended that no statutory order, judicial direction or other lawful authority prohibiting the exhibition of the film has been disclosed.According to the petition, “Satluj”, earlier titled “Punjab ’95”, is based on the life and work of late human rights activist Jaswant Singh Khalra. The plea states that the film was released on ZEE5 on July 3 and was subsequently made unavailable in India on July 5.The petitioner argued that the abrupt removal of the film curtailed the public’s right to receive information and artistic expression under Article 19(1)(a) of the Constitution and also deprived paid subscribers of access to content that had been lawfully made available on the platform.The petition further stated that the main questions arising for the court’s consideration included whether the abrupt withdrawal of a duly released and lawfully exhibited feature film from an OTT platform — in the absence of any disclosed statutory order, judicial direction or authority of law — violated the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.Another issue raised was whether the right guaranteed under Article 19(1)(a) included the right of the public to receive information and to access and view a lawfully released cinematographic work, and whether such right could be curtailed except by a procedure established by law. The petition also questioned whether any executive authority, directly or indirectly, could compel, induce or otherwise secure the withdrawal of a lawfully released cinematographic work without issuing a reasoned order traceable to any statutory provision.

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