The Madhya Pradesh High Court has dismissed a petition filed by Siddiqua Begum, daughter of late Shah Bano Begum, seeking to restrain the release of Emraan Hashmi's upcoming film Haq.
Justice Pranay Verma, while pronouncing the order, observed that the film is fictional, an adaptation of the book Bano: Bharat Ki Beti, and inspired by the landmark 1985 Supreme Court judgment in Mohd. Ahmed Khan v. Shah Bano Begum.
The court said that since the film carries a clear disclaimer stating that it is a dramatised work of fiction, "some amount of leeway is permissible."
The judge noted that Haq does not claim to be "purely based upon" the 1985 Supreme Court judgment and that the inclusion of dramatised or personal details does not constitute false portrayal.
"Since the disclaimer itself states that the same is dramatisation and is fictional and an adaptation of a book and is inspired by a judgment of the Apex Court, it cannot be said that the contents of the film are fabricated," Justice Verma said.
"Since the film is an inspiration and a fiction, some amount of leeway is certainly permissible and merely because the same is done, it cannot be said that there has been any sensationalisation or false portrayal. The narrative does not claim to be true; hence, to contend that it distorts the personalities and private lives of individuals is unacceptable."
The court further observed that the petitioner's argument could have been considered if the film had been presented as a true story. However, since it is a dramatised and fictionalised adaptation, the makers were not obligated to reproduce events or characters exactly as they occurred.
"The film is not stated to be based purely upon the decision in the case of Shah Bano; hence, if it contains any personal or matrimonial details for the purpose of dramatisation and picturization, nothing wrong can be found in the same," the court said, dismissing the plea.
The Case
Siddiqua Begum had approached the court through her lawyer Tousif Z Warsi, alleging that Haq depicted her mother's personal and family life without consent, amounting to an invasion of privacy.
The plea was filed against Haq's makers, director Suparn Verma, producers Junglee Pictures and Baweja Studios, and the Central Board of Film Certification (CBFC), seeking a stay on the release, promotion, and certification of the film, which is scheduled to release on November 7, 2025.
During the hearing, the petitioner's lawyer also cited the contradiction between statements made by actor Emraan Hashmi and producer Amrita Pandey, claiming it showed that the film was directly linked to Shah Bano's real-life case despite being publicly described as fictional.
The Contradiction Highlighted In Court
At the trailer launch of Haq in Mumbai, producer Amrita Pandey had stated, "The film is a fictional story. It is inspired by several real events. It is not based on any one case or individual but draws inspiration from the struggles faced by women during the 1980s and 90s."
However, Emraan Hashmi's comments appeared to contradict that claim.
"We've tried to bring a historic case from 1985 back to the silver screen. At that time, the 'Bano case' shook the entire nation - society was split in two, between personal faith and constitutional rights," he said.
The petitioner's counsel had argued that Hashmi's remarks linked the film directly to the Shah Bano case, strengthening the contention that it was based on her mother's life without authorisation.
Legal Grounds Cited
The petition had relied on multiple legal precedents, including the Supreme Court's 2017 judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India, which recognised privacy as a fundamental right under Article 21, and the Delhi High Court's 2003 ruling in ICC Development (International) Ltd. v. Arvee Enterprises, which prohibits the unauthorised commercial use of an individual's likeness or life story.
It also invoked provisions of the Copyright Act, 1957, which grant "moral rights" to authors and their heirs, and argued that the unauthorised depiction of Shah Bano's personal life amounted to both privacy violation and defamation.
About Haq
Directed by Suparn Verma and produced by Junglee Pictures in association with Baweja Studios, Haq, starring Emraan Hashmi and Yami Gautam, is reportedly inspired by the life and legacy of Shah Bano Begum, whose 1985 Supreme Court case became a watershed moment in India's women's rights discourse.
The case, involving a 62-year-old divorced Muslim woman's plea for maintenance under Section 125 of the CrPC, led to a landmark judgment affirming that divorced Muslim women were entitled to maintenance irrespective of personal law.
The verdict triggered a nationwide debate that ultimately led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
While the controversy may have brought extra attention to the film, the court's verdict has now put an end to the legal dispute allowing Haq to release without further hindrance. Early reviews from special screenings have praised the film's bold storytelling, Emraan Hashmi and Yami Gautam's powerful performance, and the nuanced direction that explores questions of faith, law, and gender. The film hits theatres on November 7.