NEW DELHI: The Supreme Court on Friday issued a notice to the West Bengal government seeking a response to its decision to ban the screening of the film 'Kerala Story'.
The notice came after the makers of the 'Kerala Story' filed a writ petition challenging the Mamta Banerjee government’s decision. The makers also alleged that the movie was facing a 'shadow' ban in Tamil Nadu and sought protection for screening the film in the southern state.
“The film is being exhibited in the rest of the country. There is no reason why it should be banned in West Bengal. The film is running in different parts of the country with similar demographic profiles. This has nothing to do with the cinematic value of the movie- it may be good or bad. Regarding, TN, what is the state doing? It's a public order situation. The state government cannot say that we'll look the other way while theatres are being attacked, chairs being burnt,” CJI DY Chandrachud said.
Senior advocate Harish Salve, appearing for producers of the movie, said there is a de facto ban in Tamil Nadu as theatres screening the movie are being threatened and they have dropped the screenings.
“Please see, the Chief Minister gave a public order to ban the movie. So many of these orders have been set aside. For us it’s alright but for the movie, non-working days are more important than working days. There are two bans, a de facto ban in Tamil Nadu also. There are two allegations - one is the quashing of the order against West Bengal. In Tamil Nadu, the first few theatres dropped & all dropped later. We're asking the state to provide security. Threats are being received,” Salve said.
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.