Sartaj Singh Pannu v. Union Of India & ORS

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2835/2016 & C.M.Nos.11907-11908/2016 SARTAJ SINGH PANNU ..... Petitioner Through Mr.Prasad Rao with Mr.Judy Jamesh, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through Mr.Akshay Makhija, CGSC with Ms.Mahima Bahl, Advocate for R1/UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 01.04.2016 Present writ petition has been filed with the following prayers:- a) Issue a writ of mandamus, or any other suitable writ or order, or direction or injunction, restraining the respondents or their agents, servants or any other persons claiming thorough them from, accepting the nomination to the Credit of „Director‟ and/or conferring Award to the Credit of „Director‟ for the Film "Nanak Shah Fakir" for the 63rd National Awards, in view of the Orders dated 22nd May, 2015 of the Hon‟ble High Court at Delhi in OMP No.1602 of 2014;

b) That pending the hearing and final disposal of this petition, the Hon‟ble Court be pleased to state any process in respect of the nominations to the Credit of Director in respect of the Film "Nanak Shah Fakir" in the 63 National Awards; c) For ad-interim & interim reliefs in terms of prayer clauses (b) hereinabove;

d) For the costs of this petition;

e) For such other and further reliefs as this Hon‟ble Court may

deem fit and proper in the facts and circumstances of the case, and in the interests of justice and fairness. Learned counsel for the petitioner states that he filed OMP No. 1602/2014 restraining the respondents from releasing the film "Nanak Shah Fakir‟ without giving Credit to the petitioner as the sole Director of the Film. Vide order dated 22nd May, 2015, a Co-ordinate Bench of this Court appointed Justice K.P.S. Radhakrishnan as the Sole Arbitrator to adjudicate upon the dispute.

Learned counsel for the petitioner states that though the petitioner sent a legal notice dated 6th December, 2015 to the respondent no. 1-Union of India stating that the award as Director of the said film be not given to any person during the pendency of arbitral proceedings, yet the respondent no. 1 accepted the name of respondent no. 4 as the Director. According to learned counsel for petitioner, the action of the respondents is in violation of the petitioner‟s legal rights.

On the other hand, learned counsel for respondent no.1-Union of India, who appears on advance notice, states that the film "Nanak Shah Fakir‟ has not been selected in the „Best Director Category‟. He states that the said Film has been selected for Nargis Dutt Award for Best Feature Film on National Integration. He also states that the Directorate of Film Festivals will not confer any award or recognition for the Credit of "Director" during the pendency of the arbitral proceedings. In this connection, he refers a communication dated 30th March, 2016 issued by the Directorate of Film Festivals to the petitioner. The relevant portion of the said letter reads as under:-

"This is with reference to your Legal Notice dated 06.12.2015 regarding "Director" of Motion Picture/Film, "Nanak Shah Fakir" being Sartaj Singh Pannu, stating let no other be conferred with any Award or Prize or other conferment for that Credit.

We hereby state that, DFF will not confer any Award, Prize or other recognition for the Credit of "Director" during the Arbitrary Legal proceedings before the Delhi International Arbitration Centre, High Court at New Delhi." In view of the aforesaid letter, this Court is of the view that no orders are called for in the present writ petition, inasmuch as the respondent no.1 is not giving any award to the Director of film "Nanak Shah Fakir‟ Consequently, the present writ petition and the applications stand dismissed.

Order dasti.

MANMOHAN, J APRIL 01, 2016 KA