Gwalior Court Dismisses Case Against &quotTandav&quot Makers, Granting Major Relief

September 28, 2024: In a significant development, a local court in Gwalior, Madhya Pradesh, has ordered the closure of the case against the makers of the web series ";Tandav,"; providing considerable relief to its director Ali Abbas Zafar, producer Himanshu, and writer Gaurav Solanki. The court's decision overturns a previous ruling by a magistrate court that had condoned delays in filing a chargesheet against the accused.

The controversy began when an FIR was lodged on January 20, 2021, by the Akhil Bharatiya Hindu Mahasabha, alleging that the series incited religious sentiments. The FIR invoked several sections of the Indian Penal Code (IPC), including those related to promoting enmity between groups and outraging religious feelings, with potential penalties of up to three years in prison.

The Gwalior Crime Branch summoned the accused on September 10, 2023, and filed the chargesheet on April 29, 2024. Advocate Jay Bharadwaj, representing the accused, challenged the delay in filing the chargesheet, arguing it should have been submitted by January 20, 2024. The Crime Branch cited the need to collect witness statements and obtain necessary sanctions from both the Union and state governments as reasons for the delay.

Despite the Crime Branch's request for condonation of the delay, Bharadwaj opposed this, referencing various Supreme Court judgments. He highlighted that the controversial scenes in ";Tandav"; had been removed following public outcry, rendering the case less pertinent.

Initially, the magistrate court had allowed the Crime Branch's application to condone the delay and scheduled further hearings for October. However, the recent ruling from the Gwalior court puts an end to the proceedings, marking a significant moment for the creators of ";Tandav"; and raising questions about the implications for freedom of expression in Indian media.