SYNOPSIS AND LIST OF DATES

The Petitioners have filed the present writ petition

under Article 32 of the Constitution of India to

enforce their Fundamental Rights as envisaged

Under Article 19(1)(a), 19(1)(g) read with Article

14 & 21 of the Constitution. The Petitioner no. 1

herein is an 18 year old actress of the upcoming

Malayalam movie “Oru Adaar Love”. This is the

actresses' first movie and she is a student

pursuing her B. Com from Vimala College at

Trichur District Kerala. The Petitioner No. 2 is the

director of the movie.

The Present Petition has been filed as a result of

multiple criminal proceedings which have been

instituted against the Petitioners in the States of

Telangana and Maharashtra. The complaint filed is

against the Song titled "Manikya Malaraya Poovi"

which was released on Youtube as a song of the

aforementioned film. In Telangana an FIR has

already been registered against the Petitioner

no.2. The criminal complaints have been instituted

by various fringe groups based on a distorted and

incorrect interpretation of the Song in the states

of Telangana, Maharashtra and similar complaints

are likely from other non Malayalam speaking

states as well.

The entire controversy which has resulted in the

filing of various criminal complaints and one FIR

arises from the lyrics of the song “Manikya

Malaraya Poovi” which is a Mappila Song, or a

traditional Muslim Song from the Malabar region of

Kerala. The song describes and praises the love

between the Prophet Mohamed and his first wife

Khadeeja. The translation of the lyrics of the song

are as follows:

"She bloomed like a precious flower

in the sacred land of Mecca, great Khadeeja Beevi

Was roaming in the sacred land

The lady roaming

She called for the respected lord, prophet

And send him for trade

She saw him and

Coveted him in the heart of hearts

She came back after trade

And she sought her hand

Sought her hand"

It should be important to note that the

aforementioned song is originally from an old folk

song from Kerala which was written in 1978 by

Mr. PMA Jabbar and was first sung by Mr.

Thalassery Rafeeq, in the praise of the Prophet

and his wife Beevi Khadija. The claims that it hurts

the religious sentiments of the Muslim Community

are without any basis. What is hard to fathom is

that a song which has been in existence for the

past 40 years, which was written, sung and

cherished by the Muslim Community in Kerala is

now being treated as an insult to the Prophet and

his wife. It is submitted that a song, which has

existed for more than 40 years and which has

been cherished by more than 1 Crore Muslim

population of Kerala cannot suddenly offend the

religious sentiment of the Muslim Community.

The present writ petition is based primarily

on the ground that filing of criminal complaints

and registration of FIRs by the police in multiple

states on the basis of complaints by fringe

elements who have misunderstood the lyrics of

the song which they claim allegedly offended their

religious sentiments and that of their community

has adversely affected the petitioners right to life,

liberty and freedom of expression under Articles

19(1)(a), 19(1)(g) and 21 of the Constitution. The

same is also completely contrary to this Hon'ble

Court's order dated 16.11.2017 in WP (C) No.

1119 of 2017 wherein this Hon'ble Court, while

upholding the rights of artists to freely and legally

express themselves, beautifully observed that:

"Be it noted, a film or a drama or a novel or a

book is a creation of art. An artist has his own

freedom to express himself in a manner which is

not prohibited in law and such prohibitions are not

read by implication to crucify the rights of

expressive mind. The human history records that

there are many authors who express their

thoughts according to the choice of their words,

phrases, expressions and also create characters

who may look absolutely different than an

ordinary man would conceive of. A thought

provoking film should never mean that it has to be

didactic or in any way puritanical. It can be

expressive and provoking the conscious or the

sub-conscious thoughts of the viewer. If there has

to be any limitation, that has to be as per the

prescription in law.

The Courts are to be extremely slow to pass

any kind of restraint order in such a situation and

should allow the respect that a creative man

enjoys in writing a drama, a play, a playlet, a

book on philosophy, or any kind of thought that is

expressed on the celluloid or theater, etc."

In view of the above, the Petitioners herein

are artists who have a right to express themselves

in a lawful manner. That the legality of the content

of the film and the certification on the same can

only be dealt with under law by the Central Board

of Film Certification (CBFC) as prescribed under

the provisions of the Cinematograph Act, 1952.

However, the movie is yet to be completed and an

amount of Rs. 1.5 Crores have been spent on the

movie. That such flimsy and baseless complaints

and FIRs cause nothing but hindrance in the

freedom of speech and expression granted under

Article 19(1)(a) of the Constitution and the same

is an outright abuse of the process of law. Such

acts only result in curbing the freedom expression

of people and have also resulted in dragging the

Petitioner No.1, who is a young college student,

into a criminal case for merely acting in a movie.

That this Hon'ble Court in S. Khushboo Vs.

Kanniammal [(2010) 5 SCC 600] quashed

several complaints where no prima facie case was

made out.

Since the criminal complaints are being filed

in different states across the country no useful

and fruitful purpose would be served in

approaching the respective High Courts under

Article 226 or in a petition under section 482 of

the code of criminal procedure.

Hence the present writ petition.

 LIST OF DATES

DATES EVENTS

9.02.2018 The promotional video of the song

“Manikya Malaraya Poovi” from the

upcoming movie “Oru Addar Love”

was release on the video sharing

website Youtube.

14.02.2018 The promotional video of the song

from the petitioners movie went

viral and had garnered more that

34 million views in 10 days setting

a record on the social media

platform.

14.02.2018 An FIR was registered by the

Falaknama Police Station at
Hyderabad, Telangana state
against the Petitioner no 2 on a
complaint which alleges that it has
hurt his religious sentiment and
that of a particular community.
14.02.2018 A criminal complaint was also filed
by the Secretary of Raza Academy,
Mumbai with the Commissioner of
Police, Mumbai to take appropriate
action against the Petitioners
herein and also further take down
 the video and prevent it from being
broadcasted.
14.02.2018 Raza Academy. Mumbai wrote to

the Chairman, CBFC stating that

the song hurts the religious

sentiments of the community and

that the same is insulting Prophet

Muhammad and his wife, Beevi

Khadija and that the same should

be blocked.

14.02.2018 A criminal complaint was filed

against the Petitioners at Jinsi

police station, in Maharashtra by a

group of people under the aegis of

Janjagran Samithi wherein they

have also alleged that the

promotional video uploaded on

Youtube has hurt their religious

sentiment and that of the Muslim

community.

After numerous criminal complaints

are being filed against the

petitioners in various states the

petitioners have no efficacious

 remedy other than to approach this

hon’ble court.

19.02.2018 Present writ petition is being filed.

 IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRL) NO. OF 2018
[UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIA]
IN THE MATTER OF:
1. Priya Prakash Varrier,
D/o. Prakash Unnikrishnan,3
G-313, Mayura Apartments,
KSHB Colony, Kanjani Chungam,
Ayyanthole, Thrissur,
Ayyanthole North,
Kerala- 680003.

2. Omar Abdul Vahab,

son of NP Abdul Wahab,
aged 33 years, residing at
"Nalakath puthenpurakkal" Mundur,
Thrissur, Pin - 680541,
Kerala

3. Joseph Valakuzhy Eapen,

F-1, Jewel Planet,
Vyttila P.O., Ernakulam,
Kerala

...Petitioners

Versus

1. State of Telangana
Through Chief Secretary,
Telangana Secretariat,
Khairatabad, Hyderabad
Telangana, India

2. State of Maharashtra
Through its Chief Secretary
Government of Maharashtra,
Mantralaya, Madam cama road,
hutatma, Raj guru Chock,
Nariman point,
 ..Respondents

WRIT PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA

TO,

THE HON’BLE THE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF THE HON’BLE
SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONER

ABOVENAMED

MOST RESPECTFULLY SHOWETH:

1.A. The Petitioners are filing the present

writ petition under Article 32 of the

Constitution of India to enforce their

Fundamental rights as envisaged Under

Article 19(1)(a), 19(1)(g) read with

Article 14 & 21, whereby criminal

complaints have been filed against the

petitioners in multiple states and the

possibilities of multiple FIR’s being

registered at the behest of fringe

elements who have misunderstood the

lyrics of the promotional song uploaded

on Youtube which they claim allegedly

 offended their religious sentiments and

that of their community.

1B. The Petitioners have no other equally

efficacious remedy except to approach

this Hon’ble Court by way of the present

writ Petition. All annexures annexed to

the Writ Petition are true copies of their

respective originals.

1C. The Petitioners have not filed any other

petition either before this Hon’ble Court

or any other court or any High Court for

seeking same or similar relief.

1D. That since the criminal complaints have

been filed in multiple places i.e. in

Maharashtra and an FIR in the

Falakanama Police station at Hyderabad

- Telengana, the Petitioner would have

to approach multiple High Courts to

seek consequential reliefs. Therefore, no

useful and fruitful purpose would be

served in approaching the High Court

under Article 226 of Constitution of

India.
FACTS OF THE CASE:

2. The Petitioners being citizens of India

are entitled to invoke jurisdiction of this

Hon’ble Court under Article 32 of the

Constitution of India. The Petitioners

Right to Freedom of Speech and

Expression, Right to Freedom of Trade &

Profession and also Right to Life and

Liberty guaranteed under Articles 14, 19

& 21 of the Constitution of India are

being violated because of the institution

of criminal cases and consequential

FIR’s in multiple states.

3. The Respondent Numbers 1 & 2 are the

State Governments in whose states the

criminal complaints have been filed and

FIR registered.

4. On 9.2.2018 the producers of the movie

titled as “Oru Addar Love” as a

promotional campaign released a

promotional video of a song “Manikya

Malaraya Poovi” from the movie on

Youtube. The Movie is an adolescent

 Love Story. The song “Manikya Malaraya

Poovi” has been misunderstood by

people outside Kerala (Non-Malayalam

speakers) as it is being wrongly

translated/ interpreted and taken out of

context which is leading to the

registration of multiple criminal cases

against the petitioners.

5. The song “Manikya Malaraya Poovi” is a

Mappila Song, or a traditional Muslim

Song from the Malabar region of Kerala,

it describes the love between the

Prophet Mohamed and his first wife

Beevi Khadeeja. However, if the song is

translated using Google translate or

some other translation software’s

available online it leads to a distorted

translation and as a result some

members of the community have

ignorantly filed criminal complaints

against the Petitioners. Whereby the

petitioners who are residents of the

state of Kerala where the song has been

 appreciated are facing criminal

prosecution elsewhere across the

country.

6. Since its release on Youtube on

9.2.2018, the video of the song has

gone Viral and has made the petitioner

no. 1 an online sensation and her

popularity has only been on the rise

since then. The petitioner no. 1 has

received appreciation from various

quarters of the society.

6. On 14.02.2018 an FIR was registered by

the Falaknama Police Station at

Hyderabad, Telangana state against the

Petitioner No. 2 on a complaint which

alleges that it has hurt his religious

sentiment and that of a particular

community. True copy of the FIR No. 34

of 2018 is annexed herewith as

ANNEXURE “P-1” (Pages

7. On 14.02.2018, a criminal complaint

was filed by the Secretary of Raza

Academy with the commissioner of

 police Mumbai to take appropriate action

against the petitioners herein and also

further take down the video and prevent

it from being broadcast. True copy of

the complaint dated 14.2.2018 is

annexed herewith as ANNEXURE “P-

2”(Pages

8. On 14.02.2018, a criminal complaint

was been filed against the petitioners at

Jinsi police station, in Aurangabad,

Maharashtra by a group of people under

the aegis of Janjagran Samithi wherein

they have also alleged that the

promotional video uploaded on Youtube

has hurt their religious sentiment of the

Muslim community. A True Copy of the

news report of Indian Express dated

16.2.2018 is attached herewith and

marked as Annexure P-3 (Pages

9. The Hon’ble Chief Minister of Kerala Mr.

Pinaray Vijayan has expressed his

support and appreciation for the movie

as well as the Petitioners and criticized

 the action of the Muslim

Fundamentalists who have filed a

complaint against the song. A True

translated copy of post of the Hon’ble

Chief minister of Kerala dated 15.2.2018

is annexed herewith as ANNEXURE “P-

4”(Pages

10. Various media channels including print,

television and online have covered the

story. A true copy of the News Extract

published by NDTV dated 16.02.2018 is

annexed as ANNEXURE “P-5”(Pages

A true copy of the News Extract

published by India Today dated

14.02.2018 is annexed as ANNEXURE

“P-6”(Pages

11. That registration of FIR’s by the state and

initiation of criminal proceedings against the

Petitioners for no fault of theirs has not only

violated the fundamental rights of the

petitioners as guaranteed by the Constitution

but the same is an abuse of process of law by

certain sections of the society and the

 petitioners will be put through irreparable

loss and injury if appropriate orders

protecting their life and liberty are not

passed by this Hon’ble Court. This Hon’ble

Court in a similar matter i.e. Writ

Petition(s)(Civil) No(s).36/2018 where the

controversies were similar has clearly stated

that “It should always be remembered that if

intellectual prowess and natural or cultivated

power of creation is interfered without the

permissible facet of law, the concept of

creativity paves the path of extinction; and

when creativity dies, values of civilization

corrode.”. The registration of the criminal

complaints and the registration of FIR by the

state is nothing but a means to an end to

stifle creativity. A true copy of the order

dated 18.01.2018 of this Hon’ble court in

Writ Petition(s)(Civil) No(s).36/2018is

annexed as ANNEXURE “P-7”(Pages

11. That this Hon'ble Court has also held that an

artist has the right to express himself in a

legal manner and observed that "An artist

 has his own freedom to express himself in a

manner which is not prohibited in law and

such prohibitions are not read by implication

to crucify the rights of expressive mind.". A

true copy of the order dated 16.11.2017 of

this Hon’ble court in Writ Petition(s)(Civil)

No(s).1119/2017 is annexed as ANNEXURE

“P-8”(Pages

12. That this Hon'ble Court in S. Khushboo Vs.

Kanniammal [(2010) 5 SCC 600] quashed

several complaints where no prima facie case

was made out.

11. Thus being aggrieved, the Petitioners with

leave of this Hon’ble Court is filing the

present writ petition under Article 32 of the

Constitution of India on inter-alia the

following grounds:-

GROUNDS

i. That there is a threat to the life of a young

girl, the Petitioner No.1 herein and her

family as fatwas have been alleged to have

been issued against her and her family.

 That the same is violative of her rights

under Article 21 of the Constitution.

ii. That the registering of FIRs and complaints

against the Petitioners is violative of their

rights under Article 19(1)(a) and 19(1)(g)

which prescribe that a citizen shall have

the freedom of expression and profession.

iii. That the FIR, complaints should be

quashed as no ingredients have been

made out against the Petitioners and there

have not been any malafides made out

against them.

iv. That the FIR ought to be quashed as the

lyrics of the song have penned by

someone else in 1978 and that the

Petitioners cannot be held liable for the

same as they are not the authors of the

lyrics.

v. That the Petitioners cannot be prosecuted

now for picking up a song which was

popular for 40 years.

vi. That the song “Manikya Malaraya Poovi” is

a Mappila Song, or a traditional Muslim

 Song from the Malabar region of Kerala,

which praises the love between the

Prophet Mohamed and his first wife

Khadeeja and is a part of the Muslim

tradition in Kerala and does not offend any

religious sentiment of any community or

person.

vii.Because multiple criminal complaints have

been filed against the petitioners in various

states for no fault of theirs. Just because

the song became Viral, viewers started to

use Google and/or online translations tools

to translate the lyrics which has led to

distortion of the lyrics and meaning of the

song in other states where Malayalam is

not the language.

viii. Because the complaints and the

consequent registration of the FIR by the

non Malayalam speaking states have been

ignorantly done on the basis of wrong,

translation and misunderstanding of the

translated lyrics of the Malayalam Song.

ix. Because the Petitioners are residents of

Kerala and will be constrained to defend

these criminal cases instituted by the

various non Malayalam speaking states

which will cause irreparable loss and injury

and violate their fundamental right to life

and liberty.

x. Because the Muslim community in Kerala

from where the song originates has been

appreciating this song for over 40 years

and it does not offend or hurt the religious

sentiments of any community.

xi. Because no criminal complaint or FIR has

been filed by any section of society in

Kerala against the Petitioners, which only

goes to show that the criminal complaints

against the petitioners are not sustainable

in the eyes of law.

xii.Because the registration of the FIR by the

states against the Petitioners is illegal,

unwarranted, arbitrary, excessive and

unjustified.
 xiii. That the movie is yet to be completed

and an amount of Rs.1.5 Crores have

already been spent on the movie.

xiv. That this Hon'ble Court in S. Khushboo

Vs. Kanniammal [(2010) 5 SCC 600]

quashed several complaints where no

prima facie case was made out and the

facts are similar to the present case.

12. The Petitioner has not filed any similar Writ

Petition either before this Hon’ble Court or

any High Court praying for the same reliefs

as are claimed in the present Writ Petition.

PRAYER

It is, therefore, most respectfully prayed that

this Hon’ble Court may graciously be pleased

to:

a. Issue an appropriate writ/writs including a

writ in the nature of mandamus quashing the

FIR no 34 of 2018 dated 14.2.2018 filed with

the Falaknama Police Station, Hyderabad –

Telengana.

b. issue an appropriate writ/writs prohibiting the

states not to initiate or register any criminal

 proceedings, complaint, FIR against the

Petitioners on complaints that are received

stating that the lyrics of the song “Manikya

Malaraya Poovi” from the movie “Oru Addar

Love” is offensive or has violated the

religious sentiment of a particular

community; and

c. pass such other order or orders as are

deemed fit and necessary in the interest of

justice.

AND FOR THIS ACT OF KINDNESS THE

PETITIONERS AS IN DUTY BOUND SHALL EVER
PRAY.

Drawn by FILED BY:

Haris Beeran (Pallavi Pratap)

Advocate Advocate for the petitioner
Place: New Delhi
Drawn on:19.02.2018
Filed on: 19.2.2018
 IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO. OF 2018
[UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIA]
IN THE MATTER OF:
Priya Prakash Varrier & Ors. ... Petitioners

VERSUS

State of Telangana & Ors. ...Respondents

APPLICATION FOR EX-PARTE STAY OF

INVESTIGATION IN FIR NO. 34 OF 2018 IN
FALAKNAMA POLICE STATION, HYDERABAD –
TELENGANA AND ALSO APPROPRIATE
ORDERS RESTRAINING OTHER STATES FROM
REGISTERING FIR’S AGAINST THE
PETITIONERS.
To,
The Hon’ble the Chief Justice of India
and his Companion Justices
of the Hon’ble Supreme Court of India
Humble petition of the applicants
above named
MOST RESPECTFULLY SHOWETH
1. The Petitioners are filing the present writ

petition under Article 32 of the Constitution

of India to enforce their Fundamental rights

as envisaged Under Article 19(1)(a),

19(1)(g) read with Article 14 & 21, whereby

criminal complaints have been filed against

the petitioners in multiple states and the

 possibilities of multiple FIR’s being registered

at the behest of fringe elements who have

misunderstood the lyrics of the promotional

song uploaded on Youtube which they claim

allegedly offended their religious sentiments

and that of their community.

2. If the investigation in FIR no. 34 of 2018 is

not stayed there is a likely hood of the

petitioner being arrested. The Petitioners also

fears that the various complaints will also be

registered in FIR’s and if not adequately

protected the fundamental rights of the

petitioners will be violated by the state.

3. The petitioner has a good prima facie case

and has established before this Hon’ble court

that the song “Manikya Malaraya Poovi” is

appreciated by all members of the society in

Kerala and also appreciated by the Muslim

community in Kerala for over 40 years and

thus registration of FIR and criminal

proceedings against the petitioners based on

the wrong translation/interpretation of the

lyrics of the song will cause irreparable loss

 and injury and also violate the fundamental

rights of the petitioners.

6. That in view of the above it is in the interest

of justice and equity to stay all criminal

proceedings arising from complaints against

the Petitioners arising from the song

“Manikya Malaraya Poovi” from the movie

“Oru Addar love”

PRAYER

In the circumstances it is most respectfully

prayed that this Hon’ble Court may be

pleased to:

a. Pass an Grant ad-interim ex-parte order

staying the investigation of FIR no. 34 of

2018 before the police station Falaknama

Police station – Telangana State.

b. Pass and Grant ad-interim ex-parte order

staying all criminal proceedings arising from

complaints against the petitioners arising

from the song “Manikya Malaraya Poovi” from

the movie “Oru Addar love”

c. Pass such other and further relief, as this

Hon’ble Court may deem fit and proper in the

facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE

PETITIONER AS IN DUTY BOUND SHALL EVER
PRAY.

FILED BY:

( Pallavi Pratap)
Advocate for the petitioner
New Delhi
Dated:19.02.2018
 IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (Crl.) No. of 2018
IN THE MATER OF:-
Priya Prakash Varrier & Ors. ... Petitioners

VERSUS

State of Telengana & Anr. ... Respondents

AFFIDAVIT
I, Omar Abdul Vahab, son of NP Abdul Wahab,

aged 33 years, residing at "Nalakath

puthenpurakkal" Mundur, Thrissur, Pin - 680541,

Kerala, presently at New Delhi, do hereby

solemnly affirm and state as follows:

1. That I am the Petitioner No.2 in the above

writ petition and I am well conversant with

the facts and circumstances of the case and

as such competent to swear upon this

affidavit. I am swearing on behalf of

Petitioner No. 1 and 3 as well.

2. I state that the contents of List of Dates at

Pages to and Writ Petition as

contained in Paras to at Writ Petition

at pages to and applications are true

to my knowledge and information derived

 from the records of the case and those of

submissions of law made in question of law,

grounds, prayer, applications and certificate

are true as per the legal advice received and

believed by me.

3. I say that the annexure P-1 at pages to

annexed along with the Writ Petition are true

copies of its respective originals.

DEPONENT

Verification

Verified at New Delhi on this the __th day of

February 2018 that the contents of paragraphs

1 to 3 of the above affidavit are true and

correct to my knowledge and belief, that no

part of it is false and nothing material has been

concealed there from

DEPONENT