Last week, Jitendra Tyagi, formerly recognized as Waseem Rizvi and once the chairman of the Uttar Pradesh Shia Central Waqf Board, obtained legal relief from the Allahabad High Court in a case concerning his film "Ram Ki Janmabhoomi".

The film "Ram Ki Janmabhoomi" allegedly included derogatory remarks targeting revered figures of the Sunni Muslim community. Consequently, in 2019, Abdul Fahid Farooqui filed an FIR against Jitendra Tyagi, who was involved in the writing, production, and acting in the film, under Sections 153-A and 504 of the Indian Penal Code.

Farooqui, identifying himself as the Chairman of the Sahaba Action Committee, asserted that the screening of the film had the potential to spark communal tensions in Lucknow. He further contended that the film had not undergone proper certification by the Central Board of Film Certification in Mumbai.

Following a thorough investigation, the police filed a charge sheet/report under section 173(2) of the Criminal Procedure Code in January 2023. However, in his legal challenge against the entire proceedings and the summoning order issued by the Magistrate Court, Tyagi argued that the Magistrate had taken cognizance of the offense under section 153-A and 504 of the IPC in a mechanical manner, without providing adequate justification for doing so.

Tyagi's counsel also informed the court about a writ petition filed by Farooqui regarding the same issue. A division bench of the high court had dismissed that petition, noting that it seemed to be filed with the intention of gaining cheap popularity among the masses.

Additionally, Tyagi's counsel pointed out that on March 14, 2023, the Central Board of Film Certification had granted an 'A/UA' certificate to the film. He argued that despite this certification by the CBFC, the Government of Uttar Pradesh had initiated the prosecution case in December 2022, invoking section 196 of the Criminal Procedure Code.

Referring to the precedent set by the Supreme Court in the case of Salman Khan vs. State of Gujarat (2018), Tyagi's counsel argued that once the Central Board of Film Certification grants certification, the producer is entitled to screen the film, leaving no legal grounds for the court to adjudicate. Considering these arguments and reviewing the case cited, the bench presided over by Justice Rahul Chaturvedi concluded that no case was established against Tyagi.

"But the Court is also conscious of the fact that there is scheme provided in the Code of Criminal Procedure and this Court consciously is not inclined to break that scheme,' the bench, however, noted. 

Accordingly, the bench ordered Tyagi to appear before the relevant court with an application under section 88 of the Criminal Procedure Code (CrPC). Additionally, it directed the concerned court to consider releasing Tyagi, with or without surety, upon taking a personal bond.

Case Title: Syed Waseem Rizvi v. State of UP