Adarsh Cooperative Housing Society Ltd v. Union of India

Writ Petition (Civil) · 2018 INSC 169Decided 16 Feb 2018
Writ Petition (Civil) No. 129 of 2018
Chief Justice Dipak Misra · Justice Sanjay Kishan Kaul

Background

Adarsh Cooperative Housing Society filed a writ petition under Article 32 seeking to stop the release of the feature film "Aiyaary," arguing that the film made direct or indirect references to the society's land, building, and membership in a manner that would damage its members' reputation and affect pending litigation. The society also asked the Court to direct deletion of all such references or, alternatively, that a disclaimer be added. The film had already been cleared for release by the Central Board of Film Certification (CBFC), which had consulted Army authorities before certifying it.

Decision Breakdown

The Supreme Court held that a certificate granted by the CBFC carries a presumption that all relevant guidelines, including on defamation and public order, were considered, and that fear of a film's reputational impact does not justify restraining free expression once such a certificate is granted. The Court emphasized that freedom of speech and expression under the Constitution is a highly cherished right that cannot be curtailed merely because a creative work alludes to a pending dispute; the doctrine of sub-judice cannot be stretched to negate that right. It also rejected the plea for a court-ordered disclaimer, holding that whether a disclaimer is needed is a decision for the CBFC (the statutory authority), not the Court, and that imposing one without hearing the filmmakers would itself violate natural justice. The writ petition was accordingly dismissed as devoid of merit.

Lesson Learnt

Once a film has received statutory certification from the CBFC, courts are reluctant to restrain its release merely on a private party's apprehension of reputational harm or because related litigation is pending: artistic/creative expression enjoys strong constitutional protection, and remedies like disclaimers lie within the certifying authority's domain, not the court's.

Constitutional LawSupreme Court of India

Federation of Medical and Sales Representatives Associations of India & Ors. v. Union of India & Ors.

This is an interim order, not a final judgment. The Court recorded the Union of India's proposal to set up a fresh three-member Committee to examine the issue and recommend a regulatory or statutory framework. It directed the Union to constitute the Committee within two weeks, directed the Committee to consult the petitioners, intervenors and other stakeholders and report within two months of its first meeting, and asked the Union to file a compliance affidavit. Citing the separation of powers, the Court declined to decide for itself whether the Code should become law, and listed the matter on 29 January 2027.

Decided 8 Oct 2026Read case
Constitutional LawDelhi High Court

Sirajuddin Qureshi & Ors. vs. Union of India & Ors.

The Court held that a bank's fear that the petitioners might flee, or its unresolved financial claim, cannot by itself justify keeping an LOC alive indefinitely, especially where the petitioners' bail conditions impose no travel curbs and their track record shows no misuse. It quashed the LOCs issued at the banks' instance, while leaving the LOCs issued at CBI's instance to be addressed through an application before the trial court (since those criminal proceedings are still pending there).

Decided 7 Oct 2026Read case
Constitutional LawDelhi High Court

Lawyers Voice vs. Union of India & Ors. and connected matters

The Court dismissed the entire batch, holding that no exceptional circumstance justified registering further FIRs, setting up an independent investigative mechanism, ordering wholesale further investigation into police conduct, issuing blanket evidence-preservation directions, or granting further compensation or rehabilitation directions. It noted that more than six years had passed since the riots, that compensation had largely been disbursed, and that statutory remedies remained available to victims. The Court made clear this was without prejudice to any individual's right to pursue remedies in law, and dismissed the petitions with no order as to costs.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Shayaan Mujeeb vs. State & Ors. and connected matters

The Court dismissed the entire batch of petitions after finding that the allegations about the December 2019 events had already been examined by a competent statutory body and were being investigated under the ordinary criminal law, with related proceedings pending before competent courts. The Court held there was no ground for an independent inquiry mechanism, transfer of investigation, registration of new criminal cases, award of compensation, fresh guidelines, or further consequential directions. It also held that Article 226 of the Constitution is meant for enforcing enforceable legal rights, not for open-ended directions. The petitions were dismissed with no order as to costs, and any individual may still pursue remedies available in law.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Pushpendra Singh Parmar vs. President/Vice President/General Secretary, ICSI

The Court held that the dispute was, at its core, a personal grievance between the petitioner and a private company (UC Web Mobile Pvt. Ltd.), not a matter properly brought before the Court under Article 226's extraordinary writ jurisdiction. It held that Article 226 is not meant to be a forum for airing personal disputes or pursuing a private adversary merely because a representation went unanswered. The petition was dismissed, with liberty given to the petitioner to pursue appropriate legal remedies directly against the company.

Decided 29 Sept 2026Read case
Constitutional LawDelhi High Court

Glenmark Pharmaceuticals Limited & Anr. vs. Union of India & Ors.

Relying on its own 2025 ruling on a near-identical earlier notification concerning the same drug combination, the Court held that since the notification used the word "shall" without any express provision for retrospective effect, and took effect only upon Gazette publication, it operates prospectively from 18.08.2026 and cannot be applied to stock manufactured earlier. The Court disposed of the petition on terms: Glenmark must label all stock made after 18.08.2026, publish clear public notices in one English and one Hindi national newspaper and issue advisories to doctors, chemists and retailers within two weeks, and file an affidavit detailing pre-notification stock within four weeks, subject to which no coercive recall action under Section 28B would be taken against it.

Decided 18 Sept 2026Read case