If ‘The Kerala Story’can run in peace in other parts, why should Bengal ban it

 

THE SUPREME Court on Friday questioned the Mamata Banerjee government over its ban on the film ‘The Kerala Story’ and asked why West Bengal should ban it “if it can run in peace in other parts of the country”.

A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha also asked the M K Stalin government in Tamil Nadu, where the filmmakers alleged there is a de facto ban on its screening, what administrative arrangements had been made to ensure its smooth running.

Hearing a plea from the filmmakers that the movie was not being shown in theatres in West Bengal and Tamil Nadu, the court issued notices to both the states, seeking their replies.

“The film has been released in the rest of the country. West Bengal is no different from any other part of the country. If it can run in peace in other parts of the country, why should West Bengal ban the film,” the CJI asked as Senior Advocate A M Singhvi, appearing for the state, tried to defend the ban decision.

The CJI said that “if the public doesn’t think it’s not worth seeing the film, they will not see the film”.

“The film is running in different parts of the country which have a similar demographic profile as the state of West Bengal. Why should you not allow a film to run? And this has nothing to do with the artistic value of the film,” he said.

The CJI said the film may be good or bad but it is irrelevant to the right to have it shown.

Appearing for the filmmakers, Senior Advocate Harish Salve pointed to the ban order by the Trinamool Congress government under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, and said the apex court had in the past quashed similar orders.

Narrating the sequence of events, he said, “The movie was released in West Bengal on May 5. There is a speech by the Chief Minister saying the movie is portraying a community in a bad light and there is likely to be a problem in the state.” Then came the order, saying public exhibition of the film could cause breach of peace and hence it was prohibited in the entire state, Salve said, adding that there was a de facto ban on the movie’s screening in Tamil Nadu.

“Against Tamil Nadu, we had made an averment that the movie started and a few theatres dropped off, then all dropped off. Threats are being received. So we are seeking a direction that the state shall make sure that adequate security arrangements are made,” Salve said.

Appearing for West Bengal, Singhvi said that when some parties came before the Supreme Court against the movie’s release, they were asked to approach the High Court. Similarly, he said, the filmmakers should also be told to move the High Court.

He said the film ran in the state for three days and there were “huge numbers” of intelligence reports. “Those reports show two things – breach of public order and grave apprehension of peace being breached,” he said.

Appearing for Tamil Nadu, Advocate Amit Anand Tiwari said there was no ban on the film in the state and added that security had been provided for its screening.

But the CJI said, “We would like to know from you what are the specific administrative arrangements made by you to ensure the screening. Because to my mind the state government cannot say look the other way when people attack theatres, burn chairs.” He said the state is duty-bound to ensure that conditions are peaceful.