Coming down heavily on the Karnataka government over popular actor Kamal Haasan's film "Thug Life" not being released in the state, the Supreme Court on Tuesday in its order directed that the film be screened in the state, and noted that mobs and vigilante groups cannot be allowed to take over the streets.
"We can’t allow this to happen. Rule of law demands that any person should be allowed to see a film. It can’t be at the fear that the theatres will be burnt. We are not saying that people should come and watch the film. But the film should be released. Mob and vigilantes cannot be allowed to take to the streets. Rule of law has to be established and guns cannot be put to people’s head to stop them from watching the movie," said, a two-judge vacation Bench of the top court, led by Justice Ujjal Bhuyan and Justice Manmohan.
The court also ordered that a case pending before the Karnataka High Court over the same issue be transferred to the apex court for later hearing.
Directing for releasing the film, 'Thug Life', the top court stressed that once a film has got the Central Board of Film Certification (CBFC) clearance, it has to be released in all the state.
The Court was hearing a Public Interest Litigation (PIL) filed by one Bengaluru resident M Mahesh Reddy, alleging that the film, despite having a valid censor certificate, was effectively banned in the State due to threats by fringe organisations and the inaction of the State authorities.
It also granted one day time to the Karnataka government to inform it about the release of the movie in the state and directed the state's lawyer to file a detailed response on the matter by June 18.
The petitioner, Reddy, in his PIL, sought directions to allow the screening of 'Thug Life', which was not released in Karnataka after certain groups issued threats against its exhibition following the remarks of Kamal Haasan, who is also one of the producers of the film, that "Kannada was born out of Tamil".
The court, delving into Haasan's statement, commented, if somebody has made a statement, counter it with a statement. if somebody has written something, you can counter it by some writing, but certainly the film can not be restrained from public viewing, as the CBFC has cleared it.
The top court further clarified that Karnataka HC had no business to seek 'apology or regret' from Haasan for his remark on Kannada language. It said SC and HCs are custodian of rule of law and rights and cited earlier court intervention for staging of a play on Nathuram Godse.
The PIL of Reddy sought direction from the top court to appropriate authorities to ensure the safe and unimpeded screening of movie across Karnataka. His lawyer, A. Velan had earlier argued that the State has completely capitulated to the elements calling for riots against linguistic minorities and burning of theaters. The counsel further contended before the top court that sadly, no FIR has been registered by the state authorities and no action has been initiated against such kind of elements, instead the State has joined hands with extremist elements.
The plea of Reddy sought a declaration from the top court that the ban on the movie was illegal, unconstitutional, and void ab initio, being violative of Articles 14, 19(1)(a), 19(1)(g) and 21 of the Constitution.
"This ban stems not from any lawful process, but from a deliberate campaign of terror, including explicit threats of arson against cinema halls, incitement to large-scale communal violence targeting linguistic minorities, and a chilling call for a repeat of past anti-Tamil riots," the plea contended.
It is to be noted that Haasan's film, "Thug life" has released across various cinema halls across the country on June 5. The film, however, has not been, released in Karnataka following a controversy over the actor's alleged remark on the Kanada language.
This has also promoted a theatre association from Karnataka to approach the apex court recently, seeking appropriate directions in the issue. The two-judge vacation bench of the apex court, however, asked the theatre association from Karnataka to approach the Karnataka High Court instead.
Controversy around the release involves Haasan’s alleged remarks during the film's audio launch, where he stated that Kannada originated from Tamil.