Can't put gun on theatre owners to ban Kamal Haasan's CBFC certified 'Thug Life' in Karnataka: SC

New Delhi: The Supreme Court on Tuesday came down heavily on de facto ban on Kamal Haasan's starrer movie Thug Life in Karnataka, following his controversial remarks on Kannada language, saying a mob cannot put a gun on theatre owners to prohibit its screening.

"We can't allow mobs and vigilante groups to take over the streets. The rule of law must prevail. We can't allow this to happen. If somebody has made a statement, counter it with a statement. Somebody has made some writing, counter it with some writing. This is proxy (ban)...," a bench of Justices Ujjal Bhuyan and Manmohan said.

The court asked the Karnataka government to file its response to the petition questioning validity of such a ban by Wednesday and also transferred the pending matter before the Karnataka High Court, observing it had no business to seek apology from the actor.

"By tomorrow, you file a reply. The State can't act like this. You should counter a statement by a statement and writing by a writing. We cant allow this to happen," the bench told the state counsel.

The court rejected a contention by the state government that a writ petition filed by the co-producer is coming up for consideration before June 20 in which some resolution may happen.

The bench said, the rule of law demands that any CBFC certified film has to be released.

The court said the people in Karnataka are enlightened, they should counter the statement made by the actor. "All the enlightened people of Bengaluru can issue a statement that he is wrong. Why should there be a resort to threats?" the bench asked.

"Rule of law demands that any film which has a CBFC certificate must be released and the State has to ensure its screening. It can't be that at the fear of burning down the cinemas, the film can't be shown. People may not watch the film. That is a different matter. We are not passing any order that people must watch the film. But the film must be released," the bench said.

The court emphasised that the rule of law is important and the State has to ensure that a film must be released after it has got a CBFC certificate.

"This is concerning the rule of law and fundamental rights. Therefore, this court is intervening. That is what the Supreme Court is meant for -- to be a custodian of the rule of law and fundamental rights. It is not just about a film," the bench said.

The bench also cited the recent judgment in the case of Congress MP Imran Pratapgarhi, which recorded with approval a judgment of the Bombay High Court which set aside the ban on the play Me Nathuram Godse Boltai.

"There were critical references to the Father of the Nation. There was hue and cry and the Maharashtra government banned the play. The high court bench led by Justice D Y Chandrachud set it aside saying, he may be revered as the Father of the Nation. But you can't stop a different view. That is the freedom of speech," the bench said.

The state government's counsel contended that the film's producer himself deferred the release to negotiate with the film bodies.

The bench observed that the law can't be dependent on the statement of one person.

"There is something wrong in the system, that one person makes a system, let there be a debate on the issue. Let people say he is wrong," the bench said.

On June 13, the Supreme Court issued notice to the Karnataka government on a plea questioning de facto ban on the screening of the CBFC certified Kamal Haasan starrer film Thug Life in Karnataka, allegedly effected through threats of violence, intimidation, and extra-constitutional directives by non-state actors.

The court had sought a response from the state authorities after hearing advocate A Velan on behalf of the PIL filed by Bengaluru resident M Mahesh Reddy.

The court noted the argument that a duly CBFC certified Tamil feature film Thug Life was not allowed to be screened in the theatres in the state of Karnataka and the "so called ban under the threat of violence stems from not any lawful procedure, but from a deliberate campaign of terror including explicit threat of arson against cinema halls, incitement to a large scale violence targeting linguistic minorities".

Kannada Sahitya Parishattu led by Nadoja Mahesh Joshi has sought to intervene in the PIL, contending the plea was wholly misconceived.