NEW DELHI: Supreme Court agreed to hear on May 12 pleas filed by makers of the controversial multilingual film 'The Kerala Story' challenging Mamata Banerjee Govt’s decision to ban the screening of the film. The plea has also sought protection from screening the film in Tamil Nadu alleging that the movie is also facing a shadow ban in the state.
Senior advocate Harish Salve mentioned the matter for urgent listing before a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha. Referring to the fact that the bench had listed the plea challenging Kerala HCs order of refusing to ban the movie on May 15, CJI initially proposed to also list this plea on May 15 but when Senior Advocate Harish Salve said that the “makers were losing money every day,” CJI agreed to hear the plea on May 12.
Filmmakers in the plea have said that State Government has no power to ban a movie that has been certified for public viewing by the Central Board of Film Certification and that State Government cannot cite law and order issues to stop the screening of the movie, which will result in the violation of the fundamental rights guaranteed to them.
Specifically with regards to Tamil Nadu, the plea says that exhibitors in the State withdrew the film after the informal messaging by the State authorities.
“Any such ban, it has been repeatedly held, would constitute an unreasonable restriction on the fundamental right under Article 19(1)(a) of the Constitution of India to engage in free speech. The stifling of the right to free speech of the Petitioner, that too on a mere apprehension of unsubstantiated considerations of law and order cannot withstand scrutiny under the Constitutional scheme," the petition stated.