While throwing out the plea, the apex court said that the facets of religion should not be brought into art and entertainment.
"This is art and entertainment. Don't bring religious facets in it. If you don't like it, don't watch it. Let others watch," said an apex court bench of Chief Justice R.M. Lodha, Justice Kurian Joseph and Justice Rohinton Fali Narimam as the counsel for NGO All India Human Rights & Social Justice sought a ban on its screening in India and abroad.
The NGO had objected to two scenes relating to alleged semi-nude appearance of Aamir Khan, and a rickshaw puller, appearing like Lord Shiva, pulling a cycle rickshaw in which two burqa clad woman are seated.
The PIL said that "this is hurting religious sentiments of followers of Lord Shiva and it is a criminal offence punishable under Section 295A of the Indian Penal Code (deliberate effort to outrage religious feelings)."
It contended that "the scene shall probably create a communal tension among the two major communities. It is surprising that the film censor board has permitted its exhibition in cinema halls likely next Tuesday."
Asking the counsel Nafis Ahmad Siddiqui if the film has been through the Censor Board, Chief Justice Lodha said, "Others have a right to watch the movie. How is your legal and constitutional right affected."
"India is a mature society. They know the difference between entertainment and other things," Chief Justice Lodha said as counsel told the court that there was anguish throughout the country and it (the film) was spoiling youth.
To this, Chief Justice Lodha said, "It is an age of Internet. What will you hide? Youth are very smart these days."
Taking a dig at the counsel pointing to generation gap, court asked him, "Why you are talking about your youth and mine. It is 50 year old."
