The Supreme Court on Thursday stayed the West Bengal government’s order banning the screening of the film “The Kerala Story” and directed the Tamil Nadu government to ensure the safety of moviegoers after theatre owners decided to stop screening the film due to security concerns.
A bench headed by Chief Justice DY Chandrachud also directed the producer to put a disclaimer in the movie by 5pm on May 20 on the claim that 32,000 Hindu and Christian women were converted to Islam.
The Court also agreed to examine the petitions challenging orders passed by the Kerala high court and Madras high court declining stay on the film’s release indicating that to lay down parameters what is permitted to be shown and what is not, it will have to watch the film.
“Prima facie we are of the view that the prohibition imposed by West Bengal suffers from overbreadth and such a prohibition is not made out from the material disclosed in the state’s affidavit”, the bench stated.
Also Read: ‘The Kerala Story’ contains hate speech, distorts facts, Bengal tells SC
Senior advocate Abhishek Manu Singhvi appearing for the state had relied on intelligence inputs based on surveillance conducted on May 5 on the day when the movie released to show accounts by 13 persons who indicated potential breach of peace due to the screening of the film.
The bench remarked, “If you get any 13 persons, they will say to ban any movie unless you are showing them cartoons. Section 6 (of WB Act) cannot be chosen to put a premium on public intolerance otherwise every film you will find suffering this fate… You cannot subject fundamental right to free speech and expression on the public display of emotions. If you don’t like a film, don’t watch it.”
Singhvi told the Court that West Bengal had a different demographic profile and keeping this in mind, the state took a precautionary measure to prevent any violence as witnessed in Maharashtra’s Akola district.
The Court reminded the state, “You cannot assume the same demographic profile exists all over the state. Exercise of power must be proportional. If there is problem in one area, you cannot ban it across the state.”
The order came on a petition filed by the movie producers – M/s Sunshine Pictures Private Limited and Vipul Shah.
Besides the ban by WB government, the petition also questioned the ban in Tamil Nadu imposed by the state’s theatre and multiplex owners’ association.
The state in its affidavit denied there was any ban imposed on the film by the TN government and said that the theatre owners chose to pull down the film due to the low public response that it received.
The Court directed the state to provide adequate security to every cinema hall and make all requisite arrangements to ensure safety of movie goers. In addition, the Court added, “No step, tacit or explicit, formal or informal, shall be taken by the state and its officials to prevent the screening of the film.”
The Court also heard petitions seeking a ban on the film filed by journalist Qurban Ali and BR Aravindakshan.
They challenged two separate orders passed by the Madras HC on May 4 dismissing a petition questioning the Central Board of Film Certification (CBFC) nod to the film along with an interim order passed by the Kerala high court a day later declining to stay the release of the film and its teaser.
Senior advocate Harish Salve appearing for the film producers told the Court that a disclaimer has been put out at the end of the movie that the film is ‘fictionalised’ and based on ‘dramatised events’.
The bench told Salve, “We certainly will protect freedom of speech, but you cannot vilify a community. 32,000 is a distortion of facts.”
As Salve agreed to carry an additional disclaimer, the bench directed that the same should specifically state that “there is no authentic data to back up the suggestion that the figure of conversion is 32,000 or any other established figure.”
The bench further insisted that the film makers clarify that the movie represents “fictional account of events depicted in the film.”
Senior advocates Kapil Sibal and Huzefa Ahmadi said that even though they were in favour of freedom of speech, one has to see the hate being generated in society due to such ‘propaganda films’.
They read out transcripts from the movie referring to the figure of 32,000 girls being converted that is not dropped.
Further, there are statements vilifying a particular community.
They even demanded that the Court watch the movie over the weekend as after vacation when the movie has run its course, the damage would have occurred by then.
The suggestion was opposed by solicitor general Tushar Mehta who appeared for the union government.
He said, “Societal realities are generally projected in a film. This movie is running across the country. As regards to films, the Court has adopted the principle, if you do not like a film, do not watch it. Staying the release will set a wrong precedent.”
The bench, while posting the matter to July 18, assured the petitioners, “We will consider the challenge to the Madras high court order on the reopening as we have to first see the film. There are wider issues which arise as the contours of what is permissible have to be defined. We will look at the film and then decide.”
‘The Kerala Story’ was released in cinemas on May 5.