The court is hearing a suit filed by Hemant Patil, in which he has sought a ban on the film and the poster in which Aamir Khan is seen in the buff standing on the railway tracks with a radio, unless the objectionable scene was removed.
In a reply filed in a civil court, the duo said that the poster had been duly approved by the Film Publicity Screening Committee, a Government body, which screens film posters to check obscenity and depiction of women in derogatory manner or highlighting violence.
Hence, by virtue of the approval given by the Publicity Screening Committee of Films to this impugned poster, the suit was not maintainable in law and should be dismissed, Hirani and Khan stated in their reply.
They also argued that the suit was premature as the film was not yet complete and there were some portions of the film which were yet to be shot. Since the film was not completely shot, the question of Central Board of Film Certification examining it (the film) for grant of certificate did not arise.
"It is ludicrous for the plaintiff to commence an action on such a flimsy ground, especially when there is a quasi-judicial authority that is authorised to deal with such issues," the reply filed by the duo said.
Further, such a suit infringes upon their right to make films and hence should be dismissed outright, they contended.
They also argued that a similar issue was raised in another petition filed before the Supreme Court which had dismissed it. Hence, this suit also was liable to be dismissed.
Civil judge M S Sharma has posted the matter on August 27 for arguments.
The judge asked the plaintiff's lawyer R N Kachave to satisfy the court whether a case of obscenity and vulgarity was made out against the actor who allegedly posed nude.
The suit, filed by activist Hemant Patil, prayed for a permanent injunction from the court from releasing the film all over India with a ban on publicity and advertisement of the nude picture of Aamir Khan until such time the objectionable scenes are removed.
The defendants are Censor Board office bearers, actor Aamir Khan, film's producer Vidhu Vinod Chopra and director Rajkumar Hirani.
According to the suit, the nude poster which has been circulated all over is vulgar and obscene and has the tendency to corrupt the minds of the people. This poster is being shown in newspapers and television and also on internet since last one month, the plaintiff claimed.
The plaintiff said that Aamir is a good actor and a host of popular TV show 'Satyamev Jayate'. He has a good and clean image in the eyes of public. However, by appearing nude in this poster for the sake of publicity, the actor had done a "shameful" act and hence he should withdraw such obscene images immediately.