Kaali Poster Row : Supreme Court Extends Interim Protection To Filmmaker Leena Manimekalai

The Supreme Court of India directed the state governments to file counter affidavits in the matter concerning multiple FIRs registered against filmmaker Leena Manimekalai in various states over the poster of her documentary titled "Kaali". The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The court, while adjourning the matter for three weeks extended the interim order till the next hearing. Through the interim order, the court had directed that no coercive steps shall be taken against the filmmaker either on the basis of the FIRs which had already been lodged or on basis of FIRs which may be lodged in relation to the Kaali poster row. The court had also noted that the lodging of FIRs in multiple states may cause serious prejudice to Manimekalai and thus had issued notice to States on plea for all FIRs to be consolidated in one place in accordance with law.

Advocate Kamini Jaiswal, appearing for Manimekalai, submitted that while the union of India had submitted a counter affidavit in the matter, other states had not. At this juncture, the State of Madhya Pradesh and the State of Uttarakhand requested for additional time to file a counter affidavit. The state of Uttar Pradesh informed the court that the counter had already been filed on their behalf. 

CJI DY Chandrachud orally remarked–

"We can actually do this – we can consolidate all the FIRs and then send them to one High Court. Then they can pursue the remedy whatever in law before that High Court."

Advocate Kamini Jaiswal sought to make a short submission regarding the matter. Due to having a heavy board, the CJI stated that the bench would hear the matter some other day. While dictating the order, CJI Chandrachud stated that – 

"The state governments which have not filed their counter affidavits shall do so within a period of three weeks. Rejoinder be filed in the meantime before the next date of listing. The interim order shall continue till then." 

Background

The petition filed through Advocate Indira Unninayar sought to quash the multiple FIRs registered in Delhi, Uttar Pradesh, Madhya Pradesh, and Uttarakhand on complaints against the same poster, which showed Manimekalai herself dressed as the the goddess Kaali, smoking a cigarette and holding a pride flag.

The petitioner says that her attempt as a creative filmmaker was to depict the image of a "radically inclusive goddess" and not to offend the religious sentiments of any person. Manimekalai, who identifies herself as queer, maintains that the documentary projects the kinder and broadminded traits of the goddess. The petitioner contended that the multiple FIRs amount to harassment and infringement of her constitutionally guaranteed fundamental right to freedom of expression.

The film-maker says that she has faced several death threats and open calls for her beheading, rape, and murder after she tweeted the poster. Therefore, she has also sought for action to be taken against those who attacked her in cyber space with threats of murder, rape and other extreme forms of violence against her.

Case Title: Leena Manimekalai v. UoI And Ors. WP(Crl) No. 8/2023

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