‘Shoorveer’ song row: Delhi HC directs CBFC to decide on replacement proposal

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New Delhi: The Delhi High Court on Thursday directed the Central Board of Film Certification (CBFC) to decide within a week on a proposal by the makers of ‘Mirzapur: The Movie’ to replace the song ‘Shoorveer’ with background music in the film’s climax.

A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia was hearing a public interest litigation filed by Prashant Kumar Singh, seeking removal of the song from the film or its replacement with another background score.

The petition states that ‘Shoorveer’, composed by Rapperiya Baalam, was released in 2020 as a tribute to Maharana Pratap. It says the song refers to Mewar, Chetak, honour, sacrifice, protection of the motherland and the legacy of Maharana Pratap.

According to the plea, the song has been used in a sequence featuring gangster and criminal characters in ‘Mirzapur: The Movie’. The petitioner has alleged that the film deals with organised crime, gang rivalry, violence, illegal weapons, drugs, extortion, murder and other criminal activities. He has raised concern that the use of the song in such a setting could create an undesirable association between the ideals linked to Maharana Pratap and the characters shown in the film.

The petitioner, however, has made it clear that he is not challenging the depiction of crime, violence or gangster characters in cinema. He has also stated that the PIL does not concern copyright, licensing or consent issues relating to the song. His challenge is confined to the use of the song in the particular sequence and its compliance with the law governing film certification.

The plea relies on Section 5B of the Cinematograph Act, 1952, and the applicable film-certification guidelines. It particularly refers to the provisions concerning the glorification or justification of anti-social activities and seeks examination of the disputed sequence by the competent authorities.

The petitioner has also raised concerns over the rapid circulation of film clips and music on social media. The plea argues that content may be viewed separately from its original context and alleges that such an association could have an impact on young and impressionable viewers.

The PIL has been filed against the Union of India, CBFC and Excel Entertainment Pvt Ltd, the film’s producer.

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Apart from seeking removal or replacement of the song, the petitioner has asked the CBFC to review the film’s certification in relation to the disputed sequence. He has also sought directions for framing guidelines governing the use of songs, music, visuals and other artistic material associated with historically or culturally significant personalities, while balancing such use with artistic freedom.

The petition also seeks interim relief for muting the song during the pendency of the case. However, the petitioner has specifically stated that he is not seeking a stay on the exhibition or streaming of the entire film and is seeking relief only in relation to the particular background music.

During Thursday’s hearing, counsel appearing for the makers submitted that the song was used as background music during a fight between two factions in the climax and was not being sung by any character. The counsel also submitted that there was no comparison between the characters and Maharana Pratap.

The bench orally observed that, prima facie, the use of the song did not appear to be “in good taste” and questioned whether the situation had reached a stage where “we are revering violence”. The court, however, clarified that it was not expressing any final view on the merits of the PIL.

The court was informed that the producers had already approached the CBFC under Rule 31 of the Cinematograph (Certification) Rules, 2024, by submitting Form III for proposed modifications, including replacement of the song with background music.

The CBFC told the court that it would consider the proposal and take a decision within a week.

(Source: ANI)

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