Why ban the film, SC asks WB and TN govts on 'The Kerala Story'

The Supreme Court on Friday asked the West Bengal government to explain the ban imposed on the screening of the film The Kerala Story, saying that the film is being exhibited in the rest of the country and there is no reason why it should be banned over there.

“The film has been released in the rest of the country, West Bengal is no different from any other part of the country," a bench of Chief Justice of India D Y Chandrachud and P S Narasimha told senior advocate A M Singhvi, appearing for the West Bengal government.

The court also sought to know from Tamil Nadu's Additional Advocate General Amit Anand Tiwari as to what arrangements have been made to ensure safety for running of the film.

"The state government cannot say it would look the other way while theatres are being attacked and chairs are being burnt. You are duty bound to ensure safety," the bench told TN's counsel.

The court fixed the matter for consideration on Wednesday.

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Appearing for the filmmakers, senior advocate Harish Salve, the movie ran in theatres for three days in West Bengal.

"If the film can run in peace in other parts of the country, why should the state of West Bengal ban the film? If the public does not find it worth seeing, they will not see the film,” the bench said.

Singhvi said the state has the power to ban the film as there are intelligence reports on law and order problems. He also said the petitioners should be asked to approach the High Court.

"It is running in different parts of the country, which has a similar democratic profile as the state of West Bengal. Why should you not allow a film to run,” the bench asked him.

In their plea, the filmmakers submitted that the state government has no power to ban a movie which has been certified for public viewing by the Central Board of Film Certification.

They also claimed the state government cannot cite law and order issues to stop the screening of the movie. They argued that it will result in the violation of the fundamental rights guaranteed to them. Their plea also raised the issue of a shadow ban on the movie in Tamil Nadu.

On May 8, West Bengal chief minister Mamata Banerjee announced the ban on the screening of The Kerala Story in West Bengal. She has also instructed the West Bengal chief secretary, HK Dwivedi to take the necessary steps on this count.

“Certain scenes in the said film can affect the air of peace and harmony in West Bengal. So, we have decided to ban its screening everywhere in the state including Kolkata and the districts. The decision has been taken to maintain peace and harmony,” the CM told media persons.

The Kerala Story, starring Adah Sharma in lead role, was released in cinemas on May 5. A number of BJP-ruled States including Uttar Pradesh decided to make the film tax-free.

A fresh plea has been filed by a Delhi resident, Puneet Kaur Bajwa against the ban on the movie. She contended it is the duty of the State government to ensure the safety of the citizens and also to maintain peace and harmony.

The Kerala Story is inspired by true events and it is the fundamental Right of the citizens of our country to not only watch this movie but to also educate their daughters about nasty and evil propaganda of forceful conversions of Hindu and Christian girls by fringe elements of a particular religion for the purpose of trafficking and joining terrorist organisations to hurt the peace and harmony of our country," she contended.