The recent summons issued by a Pune court to actors and producer of an upcoming motion film – Jolly LLB-3 – has raised alarms across the legal circles. The summons have been issued in a suit filed an advocate who admits to have only seen the recently released film’s trailer till now. Even more alarming is that the basis of filing a suit and consequent basis of issuing summons is that the trailer of the movie “maligns the legal system, lawyers and judges".

Issuance of summons is a very important stage in civil proceedings. It means that the defendants are called upon vide a judicial order to defend the pleadings filed by the plaintiff, by filing a Written Statement to the suit on an affidavit. It also implies that the defendants have to submit themselves to the jurisdiction of the court issuing summons. Therefore, it is important that summons are not issued mechanically by courts, particularly where the possibility of an ulterior motive in filing a suit cannot be ruled out.

Further, a trial court while issuing summons has to be cognizant of constitutional principles and rights of other parties as well. It is trite law that artistic freedom forms an integral part of our constitutional scheme. Constitutional courts have repeatedly held that........

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