Rule of law must prevail: SC backs release of Kamal Haasan’s film in Karnataka
A bench of justices Ujjal Bhuyyan and Manmohan also questioned the Karnataka high court’s insistence on June 3 that Kamal Haasan apologise for his comments
The Supreme Court on Tuesday said no one can prevent the release of a film that has received certification from the Central Board of Film Certification (CBFC), and questioned why ‘Thug Life,’ a Tamil feature film starring Kamal Haasan, was not being screened in Karnataka.
A bench of justices Ujjal Bhuyyan and Manmohan also questioned the Karnataka high court’s insistence on June 3 that Haasan apologise to the people of the state for his comments made comparing the Tamil and Kannada languages at a public event.
The top court said the high court had no business to seek an apology from Haasan.
“We can’t allow mobs and vigilante groups to take over the streets. The rule of law must prevail. We can’t allow this to happen. If somebody has made a statement, counter it with a statement. Somebody has made some writing, counter it with some writing,” justice Bhuyan orally told advocate DL Chidananda, the counsel for the Karnataka government.
The bench also transferred the petition filed by Haasan before the Karnataka high court seeking police protection so his film can be released in the state, to itself and directed the state government to file a counter affidavit clarifying its stand by June 19.
The court was hearing a petition filed by one Mahesh Reddy, contended that the film, despite an approval by CBFC, was being prevented from releasing in Karnataka due to threats from extremist elements. Reddy said in his petition that he was forced to move the top court after the high court chose to prioritise appeasement over the rights of the filmmakers.
The bench said the state government had a duty to ensure that films certified by CBFC were allowed to be screened for public viewing.
“The rule of law demands that any person must be allowed to release his film. Filmmakers cannot suffer the bane or fear that cinemas would be burnt down for showing the film. People may not come or watch the film. We are not passing an order that people must watch it. But the film must be shown,” the Supreme Court said.
While the Karnataka government argued that Haasan chose not to release his film in Karnataka and sought time to have a dialogue and arrive at a settlement with the Karnataka Film Chambers of Commerce, Reddy claimed the situation was akin to an “unconstitutional extra-judicial ban,” on the film in the State.
The court then said the issue was not merely about one film but it involved the larger issues of the rule of law.
The bench said the law did not depend on the statement of just one person. “This is not just about a film. This concerns the rule of law and fundamental rights. That is why the Supreme Court is intervening. We are the custodians of these rights,” the bench said.
The Supreme Court also referred to its recent judgement in the case of Rajya Sabha MP Imran Pratapagarhi vs the State of Gujarat where it quashed an FIR against the MP, who was booked for sharing a poem on social media.
The bench also referred to the 2001 judgment of the Bombay high court lifting the state-imposed ban on the Marathi play titled ‘Me Nathuram Godse Boltoy.’
“There were critical references to the Father of the Nation..But that alone is not reason enough to prevent a performance. Freedom of expression must be protected,” the bench said.
The bench also said if Haasan indeed said something wrong, there should be a debate around it instead of threats and violence. “Let there be debate. Let the enlightened people of Bengaluru say he (Haasan) is wrong. But there cannot be resort to threats and violence,” it said.
The controversy began at the audio launch of Thug Life in Chennai on May 24, where Kamal Haasan reportedly said that “Kannada was born out of Tamil.” The comment drew sharp criticism in Karnataka, prompting the Karnataka Film Chamber of Commerce (KFCC) to bar the screening of the film and demand an apology from the actor.
Haasan has since clarified he had not intended to hurt any sentiments and that he deeply loved and respected the people of Karnataka and the Kannada language.
In proceedings before the Karnataka high court, senior advocate Dhyan Chinappa who appeared for the actor, said Haasan had expressed respect for the Kannada language and people, but would not apologise for his remarks. “Apology is required only if there is malice. There is no malice here,” Chinappa told the high court, adding that Haasan’s written statement conveyed goodwill and affection but could not be forced into a “prescribed format.”
