JOIN USSupreme Court revokes ban on 'The Kerala Story' in West Bengal
The Supreme Court on Thursday suspended the May 8 order by the West Bengal government prohibiting the exhibition of the movie The Kerala Story, saying the ban is not based on sufficient materials.
It said a group of people would always oppose any movie unless they are shown cartoons or sports.
"The film is running everywhere in the country. You can't ban the film in the entire state. You can't make fundamental right subject to public display of emotion, which can be controlled," a bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala told the West Bengal government.
The court also directed the Tamil Nadu government not to take up any steps to stop the screening of the film. It directed the TN government to provide adequate security to every cinema hall to ensure the safety of moviegoers, even though the state's Additional Advocate General Amit Anand Tiwari denied there was a direct or indirect ban on the movie.
The bench also questioned senior advocate Harish Salve, appearing for film producers Sunshine Pictures Private Ltd and another as to how they can vilify the entire community as a battery of counsel led by senior advocate Kapil Sibal objected to certain dialogues and scenes from the movie.
Salve agreed that in order to set at rest any controversy, a disclaimer would be put in the film no later than 5 pm by May 20 that there are no authentic figures of 32,000 conversions of Hindu and Christian girls as depicted in the movie and further that the film is a fictionalised account.
The bench also decided to watch the film The Kerala Story to lay down broad parameters and guidelines as to what is permissible and what is not, as questions were raised over the certification granted by the Central Film Certification Board.
The court put a batch of petitions arising out of decisions by the Madras and the Kerala High Courts orders, declining to stop screening of the movie, for consideration after the summer vacations.
The film, made on the concept of the conversion of Hindu and Christian girls to Islam and their trafficking to Syria to work for the terrorist organisation ISIS, was criticised for allegedly demonising Islam and Muslims.
Taking up a plea by the film producer against the WB government's order, the bench questioned senior advocates A M Singhvi and Gopal Sankaranarayanan appearing for the state government as to how can they ban the film in the entire state.
"You're saying that the film was banned on the basis of inputs received from 13 people..you get any 13 people, they'll say ban any movie unless you're showing them cartoons or sports," the bench told the WB counsel.
Salve said the WB government cited some isolated incidents that happened in Maharashtra's Akola, but the Maharashtra government did not ban the movie and the ban is in the teeth of the film’s certification.
The state counsel, for their part, claimed the movie was a propaganda film and could lead to law and order problems.
Singhvi said the problem is with the public exhibition of the film, and public display of emotion, and asked the bench to see the teaser of the movie, which has been removed.
On this, the bench said, "That is exactly the problem. You cannot make the fundamental right to free speech to be dependent on the public display of emotions. Public display of emotions has to be controlled by the authorities, you do not like these scenes, then do not watch the film”.
Singhvi said WB's demographic is very different and it has to be considered. "You can't expect the demographic to be the same everywhere," the bench said.
The court said that Section 6 (of the West Bengal Cinema Regulation Act ) cannot be utilised to put a premium on public intolerance, otherwise films would find themselves in a spot.
Senior advocate Sibal, appearing for a party, contended there were very very serious things in the movie which affected millions of people. He also said art form is subject to restrictions under Article 19(2) of the Constitution. Senior advocate Huzefa Ahmadi also for a party claimed if not for the physical violence, the film would create a great divide and ghettoisation of a whole community.
Solicitor General Tushar Mehta for the Centre submitted the film is being screened all over the country and those who do not want may choose not to watch it.
In an affidavit, the Mamata Banerjee government had justified its May 8 order to prohibit the exhibition of the movie as it is based on manipulated facts and contains hate speeches in multiple scenes that may hurt communal sentiments and cause disharmony between the communities.
The Tamil Nadu police have countered the allegation of "shadow banning" the film as it claimed the movie released in 19 multiplexes across the state, even after protests and objections by Muslim organisations, was removed due to poor response.
The producers, however, showed the records claiming it was run with 100 per cent and 90 per cent occupancy on opening days.