Dismissing the plea by Adarsh Cooperative Housing Society, the Supreme Court on Friday refused to ban Aiyaary. The apex court said people cannot be allowed to become "super censor board" who restrict artistic freedom. Helmed by Neeraj Pandey, Aiyaary stars Sidharth Malhotra, Manoj Bajpayee, Rakul Preet Singh, Naseeruddin Shah and Anupam Kher in the lead roles. As soon as the film based on the Adarsh scam released, the society had rushed to the Supreme Court seeking a ban on the film's release. The society alleged that the film depicts them in a bad light.
Senior advocate Sanjay Hegde told a bench of Chief Justice Dipak Misra and Justice Sanjay Kishan Kaul, “The film, which is going to be released, is projecting the society in a bad light and is likely to affect the ongoing litigation and it would also damage the reputation of its members.”
"Everyone shall become super censor board if such a plea is allowed," the court said while dismissing the petition. The bench also clarified that the court cannot interfere in the film’s release since it had been cleared by the Central Board of Film Certification after consultations with authorities from the army. Hence, the court cannot take over the power of a statutory body by stalling the release of the film.
The court also refused the plea to direct the film-makers to add a disclaimer saying that it was not based on the scam. The apex court also said that the film-makers could not be deprived of artistic freedom as the fundamental right to freedom of speech and expression was "the most cherished right" granted under the Constitution. Replying to the society's apprehension that the trial would be affected by the film, the bench called it baseless and said that judges do not get influenced by cinema and media trial.The Adarsh apartments, which was built at Colaba for Kargil war heroes, was declared illegal by the Bombay HC. It had ordered its demolition and sought criminal proceedings against politicians and bureaucrats involved in the “misuse” of powers. The apex court stayed the order and asked the Centre to take its possession from the housing society.