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Judgment
Taken on Board. Having heard the learned Counsel for the Petitioner as well as the learned Counsel for Respondents 1 to 3 and having looked into the lyrics and the song in question, we are of the view that the same is in poor taste and the wordings indicating the names of certain business houses could have been avoided. However, we are also of the view that there does not appear to be any intention in the song to besmirch the reputation of any particular business house or commercial enterprise and that the entire song has been written in a manner which attempts to depict the producer''s view of the state of society today.
In a similar petition, which had been filed before the Calcutta High Court by the Birla Group, the learned Single Judge of the High Court had directed that the song, when played, was to be run with the following disclaimer:
Use of the names in the song are merely as example. No injury or disrespect is intended to any particular person or brand.
We repeat that the song appears to have been written in the context of the theme of the film and ought not to be taken as any kind of aspersion against the persons named in the said song. We may also indicate that the Division Bench of the Calcutta High Court has maintained the order of the learned Single Judge. We, however, add that such disclaimer should also be included in the audio version and that the same should be aired before the song is played. We also endorse the views expressed by the Division Bench of the High Court that the wordings of the song are not likely to be taken literally by the viewers. The SLP is, accordingly, disposed of, but we make it clear that this order shall not in any way affect the outcome of the suit pending before the Delhi High Court.