Allahabad High Court Dismisses Plea Against Song ‘Bhai Vakeel Hai’ and Release of Jolly LLB 3

The Allahabad High Court has dismissed a writ petition seeking action against the song ‘Bhai Vakeel Hai’ from the forthcoming Bollywood film Jolly LLB 3. The Court also rejected the plea to restrain the movie’s release on the grounds that it allegedly defamed the judiciary and legal profession.

Petitioners’ Claims and Relief Sought

The petitioners, represented by advocates Rishab Khare and Anadi Chitranshi, sought several reliefs, including:

• A direction restraining the release, exhibition, or screening of Jolly LLB 3.

• Removal of the song ‘Bhai Vakeel Hai’ from all digital and social media platforms.

• Revocation of certification granted by the Central Board of Film Certification (CBFC).

• Compelling the filmmakers to issue a public apology for the ‘derogatory portrayal’ of advocates.

They contended that the film’s trailer and song scandalize and derogate the legal profession, lowering the dignity of the judiciary and offending the status of advocates as officers of the court. Additionally, they argued that this portrayal discourages law students and negatively affects the future of the justice delivery system.

The petition also alleged the CBFC’s failure to perform its statutory duties under Sections 5-A and 5-B of the Cinematograph Act, 1952 by certifying the film despite its allegedly scandalous content. Reference was made to the Advocates Act, 1961 citing violation of the dignity of legal practitioners.

Union of India’s Opposition and Court’s Observations

The Union of India opposed the petition, raising a preliminary objection on its maintainability. It was argued that a writ of mandamus cannot be issued unless the aggrieved party first makes a representation to the competent authority, which must refuse or neglect to act before the court’s intervention.

Senior Advocate and Deputy Solicitor General SB Pandey, assisted by Advocate Varun Pandey, also pointed out that under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (updated 2023), citizens have remedies to file grievances against online content through intermediaries or publishers — remedies the petitioners had not yet invoked.

Agreeing with these objections, the Court noted: "We find from the petition that the petitioners have not yet approached any authority as given under the Rules, 2021. We find the preliminary objection raised by the learned Deputy Solicitor General of India to be of some substance."

No Objectionable Content Found; Petition Dismissed

The Division Bench of Justice Sangeeta Chandra and Justice Brij Raj Singh reviewed the official trailers and the lyrics of ‘Bhai Vakeel Hai’ and found nothing objectionable that could scandalize the legal fraternity or interfere with the practice of law by genuine advocates.

The Court held: "…we did not find any objectionable matter to warrant interference by this Court. We have also gone through the lyrics of the song ‘Bhai Vakeel Hai’ and we do not find anything which may interfere in the practice of the legal profession by genuine Advocates."

Accordingly, the Court dismissed the writ petition in its entirety without costs.