The Supreme Court in the case observed and has issued notice to the States of West Bengal and Tamil Nadu on a writ petition moved by the makers of the controversial film, wherein the Kerala Story challenging the decision of the West Bengal Government in order to ban the movie. It has also been alleged by the makers that the said movie was facing a ‘shadow’ ban in Tamil Nadu and seek protection for screening the film in the southern state.
The bench comprising of Chief Justice of India DY Chandrachud and Justice PS Narasimha in the case observed and has posted the matter to be next heard on Wednesday.
The counsel, Senior Advocate Harish Salve, appearing for the producer of the film Sunshine Productions stated before the court that on the time of the release of the date of movie against a community and the exhibition can cause law and order problems. Thus, the state banned the film after it ran for three days without any problems. Further, it has been stated by Salve that in Tamil Nadu, the film is facing a de facto ban as the said exhibitors have withdrawn the movie after threats.
The counsel, Senior Advocate Dr.Abhishek Manu Singhvi, appearing for the State of West Bengal stated that in all the matters which relates to the same film, thus, it has been asked by the Supreme Court that the said parties to move the High Court, and the producer should also be asked in order to move the approach the High Court for maintaining the discipline Singhvi also stated that there are intelligence reports with regards to the threats of law and order problems.
The CJI further stated that the film is being released in the rest of the country. Therefore, West Bengal is not different from other parts of the Country and if it can be run on the other parts of the country, why should the State of West Bengal ban the film? If the said public does not think that the film is worth seeing, the public will not see it. Thus, it is also running in the other parts of the country which have similar demographic profile as West Bengal. Why should you not allow a film to run?.
Adding to which, Singhvi stated that the State has the power as stated under Section 6 of the West Bengal Cinemas (the Regulation) Act 1954 and the same is opposed the grant of stay.
However, it has also been stated by the CJI that the said court will not pass any interim order without hearing the State.
Accordingly, the bench in the case asked the State of Tamil Nadu for filing an affidavit regarding the steps taken by it.
