WRIT OF LAW RUNS INTO REALITY CHECK

WRIT OF LAW RUNS INTO REALITY CHECK Apex Court Says Right To Freedom Of Expression Cannot Be Curbed, But Fear Keeps Exhibitors From Screening Film Dhananjay Mahapatra | TNN New Delhi: The Supreme Court on Friday made light of Maharashtra government’s high-pitched argument laced with apprehension of violence and allowed release of the Hindi film Deshdrohi. Anguished at the manner in which the state government chose to rely on intelligence reports to slap a ban on the public screening of the movie, a bench comprising Justices S B Sinha and M K Sharma said the apex court had always attached a premium to the important fundamental right — right to freedom of speech and expression guaranteed under Article 19 of the Constitution. Refusing to buy the alibi of apprehended violence advanced by Solicitor General G E Vahanvati, the bench said the ban was slapped by the authorities without any of its officials having once viewed the movie. The state had rushed to the Supreme Court challenging a January 9 order of the Bombay High Court quashing the ban on the release of the film. Pegging its arguments solely on the intelligence reports, Vahanvati said there was stiff opposition to the film’s release by Maharashtrians as well as North Indians, both of whom were agitated over the manner in which they were depicted in the film. The bench said that such a ban could have been imposed only when there was a clear breach of public order. In the present case, it said, it was law and order problem which was being cited by the state to justify its decision. “Public order is not law and order,’’ the bench said, adding, “Such is the manner in which things are dealt with in a matter like this.’’ The film is based on the recent incidents of violence against North Indians in Maharashtra involving MNS activists led by Raj Thackeray. When this fact was conveyed to the bench by Vahanvati, the bench said, “It is there for a long time. It’s not the first time.’’ When the state repeated its arguments justifying the ban on the ground that the film depicted North Indians as ‘bhaiyyas’ and Maharashtrians in poor light, the bench countered by asking: “Why has the Censor Board cleared the movie? It must have looked into all the aspects before giving clearance.’’

"Loved reading this piece by ramesh ?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group