‘The Kerala Story’ is running across the country and West Bengal cannot be an exception to ban the controversial movie, the Supreme Court said on Friday as it sought a response from the state government on a petition challenging its move earlier this week.
The top court also issued a notice to the government of Tamil Nadu where movie theatre owners dropped the screening citing law and order concerns.
Directed by Sudipto Sen and produced by Vipul Amrutlal Shah, ‘The Kerala Story’ has triggered a political row in the country, with many calling it a propaganda film. The movie was released on May 5.
On Monday, Bengal chief minister Mamata Banerjee ordered a ban on the movie, calling it a “distorted story”. In a statement, the state government said that “to maintain peace and harmony, The Kerala Story has been banned in West Bengal”.
The movie was banned under section 6 of the West Bengal Cinemas (Regulation) Act which says that if the state is of the opinion that any film which is being publicly exhibited is likely to cause breach of peace, the exhibition of the film may be suspended or prohibited.
A day earlier, President of Tamil Nadu Theatre and Multiplex Owners Association M Subramaniam said a few multiplexes in the state that had screened the movie decided to withdraw it. “Locally-owned multiplexes had already decided not to show the film, as it did not have any popular stars. In Coimbatore for instance, there were two shows so far. Even those did not do well. Given that, theatres decided that it was not worth going through the threat of protests,” he said.
{{/usCountry}}A day earlier, President of Tamil Nadu Theatre and Multiplex Owners Association M Subramaniam said a few multiplexes in the state that had screened the movie decided to withdraw it. “Locally-owned multiplexes had already decided not to show the film, as it did not have any popular stars. In Coimbatore for instance, there were two shows so far. Even those did not do well. Given that, theatres decided that it was not worth going through the threat of protests,” he said.
{{/usCountry}}The producers of the movie – M/s Sunshine Pictures Private Limited and Shah – moved the top court challenging the ban and withdrawal of the movie in the two states.
Hearing the petition on Friday, a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said: “If this movie can run across the country, West Bengal cannot be an exception. This film has been released throughout the country and West Bengal is not different from the rest of the country.”
Appearing for the Bengal government, senior advocate Abhishek Manu Singhvi said the ban was announced following “huge intelligence reports” on possible breach of law and order and violence in the state over the movie.
Singhvi said that under section 6, the state has a “peculiar” power to issue the ban,
But the bench, which also comprised justice PS Narasimha, said: “It (film) has been running in different parts of the country with similar demographic profile.”
It added: “If people don’t want to see the film, they will not see it. Why should you not allow the movie to run? This has nothing to do with the artistic value of the film.”
Senior advocate Harish Salve, who appeared for the producers, said the ban was followed by a statement of the chief minister that there could be problems if the movie was screened as it portrayed a certain community in bad light.
Salve also pointed out that ‘The Kerala Story’ was dropped by theatre owners in Tamil Nadu and sought security by the state government across cinema halls
Additional advocate general of Tamil Nadu, Amit Anand Tiwari, told the court that the state is taking all steps to provide security. He said that since the ban on the movie was imposed by theatre and multiplex owners, the notice may not be issued to the state. He also said that all security arrangements are in place
The bench told Tiwari: “We would like to know from you about the specific administrative arrangements made by you. We do not think the administration can say that we will look the other way when chairs are broken or theatres are attacked. It is a law and order problem.”
While refusing to stay the ban in Bengal, the bench sought the responses of both the state governments and posted the matter for hearing on Wednesday.
In their petition filed through advocate Yugandhara Pawar Jha, the movie producers said that no state can cite “purported considerations of law and order” to ban a film duly certified for public exhibition by the Central Board of Film Certification (CBFC).
“Any such ban 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 petition said.
It further prayed for “remedial compensation” for the “grave and irreparable financial loss” on account of the fragmented release of the movie.
Prior to the movie’s release, petitions were filed in the Supreme Court, challenging the CBFC’s certification and seeking a ban on the movie. The top court directed the petitioners to approach the Kerala high court where similar pleas are pending.
On May 5, the Kerala high court refused to stay the movie’s release. This has been challenged in the top court and the bench had agreed to list the appeal filed by journalist Qurban Ali on Monday.