 D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala observed that the May 8 order suffered from ‘overbreadth’ and was not tenable on the basis of the material produced before the Court){kind=link}
The Supreme Court on Thursday, while staying the ban imposed by the West Bengal government on The Kerala Story, directed the State of Tamil Nadu to provide security to the theatres screening the controversial movie.
The Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala observed that the May 8 order suffered from ‘overbreadth’ and was not tenable on the basis of the material produced before the Court.
The Apex Court said it found no ground to uphold the West Bengal government’s order of May 8, which prohibited exhibition of the movie in the entire state under Section 6(1) read with Section 4 of the West Bengal Cinemas Regulation Act and hence, the impugned state order was stayed.
The CJI told the Counsel appearing for the West Bengal government that exercise of power should be used sparingly. The movie can be banned in a particular district but not in the entire state. He added that controlling public emotions was the prerogative of the government and that a film cannot be banned. The CJI further said that such a ban was not justified.
Taking note of the submission made by the Counsel of Tamil Nadu, the Apex Court noted that the screening of the film has not been directly or indirectly prohibited in the state.
However, keeping the safety of moviegoers and cinema hall owners in mind, the Bench directed the Tamil Nadu government to provide adequate security to every cinema hall and make requisite arrangements for the safety of cinema goers.
It ruled that no express steps, whether tacit, should be taken in the State of Tamil Nadu to prevent the screening of the film.
The Apex Court further directed the filmmakers to ensure that the flick carried a disclaimer clearly stating that the film was a fictionalised version of events. It directed the moviemakers to add an additional disclaimer by May 20 that there was no authentic data to suggest that 32,000 women or any other verified number of women were converted to Islam.
Senior Advocate Harish Salve, appearing for the film producer, agreed to add the disclaimer.
The top court of the country further listed the petition challenging the Madras High Court order upholding the certificate given by the Central Board of Film Certification (CBFC) to the movie for listing after summer vacations, saying that it would first have to see the movie for this purpose.
The Kerala Story is a Hindi movie, which depicts the lives of four young girls from different parts of Kerala, who meet at the Nursing College in Kasaragod district of Kerala. The film primarily focusses on the life of Shalini, who is abducted and subsequently converted to Islam. Shalini is then radicalised and compelled to join the Islamic State of Iraq and Syria (ISIS), a terrorist organisation banned in India.
(Case title: Qurban Ali vs Central Board of Film Certification and Anr)