NEW DELHI: Taking strong exception to criminal elements obstructing the screening of Kamal Haasan-starrer Thug Life, the Supreme Court on Thursday directed the Karnataka government to act against those who create hindrances even as it underscored that a movie, stand-up comedy or a poem's recital can't be stopped simply because someone's sentiments are hurt.
During the course of the hearing of a PIL filed by Bengaluru resident M Mahesh Reddy, challenging the ban on the screening of Tamil feature film Thug Life in Karnataka, the apex court made pertinent observations about the way artistic creations are being stalled due to protests by groups who claim that their sentiments were hurt.
A bench of Justices Ujjal Bhuyan and Manmohan said, "There is no end to hurt sentiments in India. If a stand-up comedian says something, sentiments are hurt and there is vandalism and protests. Where are we heading?"
Does it mean because of protests, a movie should be stopped or stand up comedy should be stopped or reciting of poems be stopped?"
The bench went onto say that it did not want a situation to crop up in which someone’s sentiment was hurt by utterances and the movie was stalled from releasing, or a standup show was cancelled or an artist was stopped from reciting a poem.
The court directed the State of Karnataka that if any individual or group prevents the release of a movie or resorts to coercion or violence, the State shall act promptly by taking action under criminal and civil law, including make them pay for the damages.
The apex court, after recording the Karnataka government's assurance that it would provide adequate security to cinema theatres screening the film, closed the PIL filed by Mahesh Reddy.
Earlier, advocate A Velan, for the petitioner (Reddy), argued that the State has not taken any action against those persons who issued the threats against the film and that its affidavit is silent about that issue. He pointed out that the Supreme Court has issued various guidelines with respect to mob vigilantism and hate speeches, which the State was bound to follow in the instant case.
Opposing these submissions, the State's counsel stated that the petitioner was referring to cases where the Governments imposed bans on films and that those judgments are not applicable here as the State has not banned the film.
The bench appreciated the stand taken by the State. Kamal Haasan's Raj Kamal Film International Ltd, one of the producers of the film, expressed satisfaction with the State's stand. The bench then proposed to close the case.
The Counsel appearing for RajKamal Film International Ltd said though they had lost Rs 30 crore (in revenue) so far, they had no problems if the state agreed to provide security for screening of the film.
The top court questioned the Karnataka Film Chamber of Commerce (KFCC) for seeking an apology from veteran actor Kamal Haasan over his remark that Kannada was born out of Tamil.
"We cannot allow this to happen. Just because of an opinion, should a movie be stopped? A stand-up comedy should be stopped? Recital of a poem should be stopped?," the bench asked.
However, counsel for KFCC said that they did not issue any threats but only issued a letter that there was widespread protests across the state and kindly consider issuing an apology.
The KFCC counsel that the mob entered their offices and after that they had issued a letter.
Justice Bhuyan asked if KFCC had made any complaint to the police in this regard.
"You actually succumbed to mob pressure. Did you go to the police? No.
That means you have no complaints against them. You are just hiding behind them," he observed.
The KFCC counsel said that they would abide by any order passed by the court.
Senior advocate Sanjay Nuli, appearing for the Kannada Sahitya Parishad, said language was an emotive issue in Karnataka, and sentiments were running high due to the remarks.
The bench asked whether the organisation was supporting the unofficial ban on the movie and burning down of theatres.
"The movie can be screened, subject to an apology by the actor. Otherwise, it will aggravate the situation," Nuli said.
The bench retorted, "Where is the question of apology? You cannot take the law into your hands. If you are hurt by the statements, then file a defamation case."
Nuli clarified he was not supporting those who took matters in their own hands or violence.
"And you will not obstruct the release of the movie," Justice Bhuyan cautioned.
On June 17, the top court came down heavily on the Karnataka government after the actor's movie" was not screened in theatres in the state, and observed that mob and vigilantes cannot be allowed to take over streets.
Justice Manmohan had said that rule of law demands that any film which has a CBFC certificate must be released and the State has to ensure its screening.
"You cannot put a gun on people's head and say don't watch the movie.
It can't be that in the fear of burning down the cinemas, that the film can't be shown. People may not watch the film. That is a different matter.
We are not passing any order that people must watch the film. But the film must be released," he had said.
Thug Life released in cinema halls across the country on June 5.
The Tamil movie, which reunites Haasan with filmmaker Mani Ratnam after 1987's "Nayakan", could not be released in Karnataka after the 70-year-old's comments about Kannada language sparked a major controversy.
On June 3, the Karnataka high court pulled up Haasan for his remark suggesting that "Kannada was born out of Tamil", and observed that a "single apology could have resolved the situation".
The remark, reportedly made by Haasan at a promotional event in Chennai for his film, sparked a backlash in Karnataka, prompting the KFCC to announce that the film would not be screened in the state unless Haasan apologised.
(With inputs from PTI)
