"You Want Us To Say No Films Can Be Made On Hindu Gods?" : Supreme Court Refuses To Ban 'Mahaprabhu Jagannath' Movie

The Supreme Court on Wednesday rejected the applications seeking a ban on the release of the animation movie 'Mahaprabhu Jagannath'.

The bench comprising Justice BV Nagarathna and Justice R Mahadevan refused to modify its earlier order of July 17 which permitted the film's producer to release it after the conclusion of Lord Jagannath Rath Yatra in Puri on July 28. Rejecting the argument that the depiction of Lord Jagannath in cartoon form was offensive, the Court orally remarked that if some people are affected due to their sensitivity, then no art forms can be made on Ramayana and Mahabharata.

The temple trust and a devotee had filed the applications to modify the July 17 order seeking to stop the release of the film.

In today's hearing, Justice Nagarathna expressed reservations with people filing petitions to ban art and creativity just because they don not adhere to their sensitivity. She warned that if such petitions continue to be filed, the Court will have to pass extreme orders prohibiting any depiction of Hindu God and Goddess in any form.

She said: "If there is such kind of sensibility, sensitivity, and 2-3 people to file a writ petition, we will pass an order that in respect of Hindu God, Goddess or Mythology, LET THERE BE NO ART FORM IN INDIA!. We have Kabir's Ramayana; we have Ramayana of every State. Every person has his own creativity. If we pass such order, all Ramayana, Mahabharata on television will stop! No art in any form, television, creativity, painting, sculpture of Hindu God or Goddess, if you want, we will pass such an order."

Justice Mahadevan pointed out that the Central Board of Film Certification granted a certificate for the movie.

Pritambar Acharya, Advocate General of Odisha(for Temple Committee), submitted that there has been a breach of trust on the part of the producer because he had arranged a special screening where religious heads, members of the temple committee and others were invited. Many objected to the Lord being depicted in animated form and the producer had promised to modify the movie accordingly. Therefore, the Temple Committee is only asking him to fulfil his promise. He claimed that Lord Jagannath has been depicted as "Doremon" and "Spiderman".

Hearing this, Justice Nagarathna remarked: "Just because there are two-three sensitive people, we will pass an extreme order that with respect to deity, there shall be no creativity, no literature, no sculpture?...Animation films are for the purpose of children. Now digital is everywhere. Earlier, there used to be Yashodhama every night. People used to collect money. Artists can't be taken to ransom like this."

Justice Nagarathna further added that before movies are produced, the teams do research in order to ensure creativity. "Research goes into this," Justice Nagarathna said.

Senior Advocate Devadatt Kamat, for the producer, said that they had not given any assurance. He stated that the temple committee had itself staged a walkout.

The bench ordered: "We heard the Advocate General, we are not inclined to modify the order. The application is dismissed."

After the order was passed, the bench asked the producer to make any modify so desired as per his conscience and added that the Court will not sit in judgment. 

The Orissa High Court had passed an in interim order banning the release of the film countrywide; thereafter,  the producer of the film, Ele Animations Ptv. Ltd, approached the Supreme Court, following which the July 17 order was passed.

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