In a day of fast-paced developments, the Madras High Court late on Wednesday night cleared the decks for the release of controversial Kamal Haasan movie Vishwaroopam by directing the city police to keep its ban order in abeyance.
The police had on January 23 invoked its powers under Section 144 of the Criminal Procedure Code to ban its screening for 15 days.
After marathon arguments in the courtroom throughout the day, Justice K Venkataraman said in his brief interim order passed at 10.15 pm that the petitioner had made out a prima facie case to keep the ban order in abeyance.
“The final order will be passed only after hearing all the parties in detail later. For the Muslim organisations, the order will not be a stumbling block to approach appropriate appeal forum,” the judge noted.
Advocate General A Navaneethakrishnan and Additional Advocate General Arvind Pandian requested the judge to keep in abeyance the interim order till 10.30 am on Wednesday so that they could file an appeal, but it was turned down. The theatres will screen the first show of the film at 5 am on Thursday and if it was allowed, the purpose of filing an appeal will be defeated, the government argued. However, the judge declined to accede to the plea and said: “I cannot reverse the order now at this stage.”
In his interim order, the judge said: “No independent reason had been given by the district collectors in many places. It seems that they were carried away by the sentiments expressed by Muslim organisations.
“Considering the totality of the circumstances, I am of the considered view that the order made under Section 144 CrPC is liable to be kept in abeyance for the present. Therefore, there will be an order of interim stay of the operation of the order made under Section 144 CrPC and there will be an order of interim injunction restraining the Union and State governments from interfering with the petitioner’s right in releasing the Tamil film Vishwaroopam,” the judge said.
“I make it very clear that the interim order has been passed considering the prima facie case established by the petitioner. But, however after the counter affidavits filed by the respondents the matter will be decided on merits and in accordance with law.” Any expression made hereunder shall not viewed as a final decision taken on the ground raised by the petitioner and the respondent as well, he added.
Shortly before the verdict was pronounced, the government left nothing to chance and ordered all shops and commercial establishments around the HC to be shut. Police were also deployed in large numbers.
