Justice T. V. NALAWADE & Justice M. G. Sewalikar, at the Aurangabad Bench Bombay High Court through its Judgment dated directed to the respondents including Director General Of Police and Vigilance Officer appointed under the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 to register crime by giving reports against the person who are making such advertisement and who are selling such articles.
That one Rajendra Ambhore has approached the Aurangabad Bench, Bombay High Court by filing the Criminal Writ Petition No.469 of 2015 praying for direction to register the offences who are indulge in false propagation of Hanuman Chalisa Yantra to exploit the persons who are superstitious by nature.
This advertisements were propagating that there were special, miraculous and supernatural qualities in Hanuman Chalisa Yantra. And by using this Yantra one can resolved his life’s all problem. Likewise, the businessmen who were making losses had started making huge profits, the persons who were not having employment had got employment, the persons who had lost hope to make career had made career in service. Through this advertisement seller was claimed that like after achieving Siddhi, special power the “Baba” has created this Yantra and has power of “black” magic.
Celebrities like Manoj Kumar (actor), Anuradha Paudwal (singer) and Anup Jalota (singer) were shown in the advertisement and their experiences were quoted that they had received benefits and they had experienced miracles by using the aforesaid Yantra. This was a false propaganda and its only aim is to exploit the persons who are superstitious by nature and believing in god’s superpower.
While hearing the case , The Division Bench of Justices T. V. NALAWADE & M. G. SEWLIKAR, said that telecasting such advertisement is illegal in view of the provisions of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 and the provisions of the Cable Television Networks (Regulation) Act, 1995.
The Bench further added that Section 3 of the Black Magic Act prohibits not only commission of an act of black magic, evil practices etc., but also propagation, promotion of such practices and magic. According to Section 3(2) of this Act shows that abetment of such propaganda is also an offence. Therefore, any TV channels, which broadcast such advertisement will also become liable under Section 3 of the Black Magic Act.
The Court has directed to the State Government to create a special Cell at the state level in Mumbai to see that the telecast of such advertisements are broadcast on any TV channels is stopped immediately in coordination with the authority created by the Central Government.
Senior Counsel Mr. V.D. Sapkal a/w Mr.Hemant Surve appeared for the petitioner. Mr. D.G Nagode, Mr. M.M.Nerlikar, Mr.Sachin Sarda appeared for the respective respondent.