'Can't Allow Mobs To Take Over; State Must Ensure Film Release' : Supreme Court To Karnataka Govt On 'Thug Life' Ban

The Supreme Court on Tuesday (June 17) expressed concerns over the "extra-judicial ban" on the screening of Tamil feature film Thug Life, starring Kamal Haasan and directed by Mani Ratnam, in Karnataka.A bench comprising Justice Ujjal Bhuyan and Justice Manmohan was hearing a PIL filed by one Mahesh Reddy seeking directions to allow the screening of 'Thug Life', which was not released in Karnataka after certain groups issued threats against its exhibition following the remarks of Kamal Haasan, the lead actor and one of the producers of the film, that Kannada was born out of Tamil.As soon as the matter was taken, Justice Bhuyan orally expressed concerns about the situation."We can't allow mobs and vigilante groups to take over the streets. The rule of law must prevail. We can't allow this to happen. If somebody has made a statement, counter it with a statement. Somebody has made some writing, counter it with some writing. This is proxy..." Justice Bhuyan orally told the counsel representing the State of Karnataka. The petitioner's counsel pointed out that the State has not filed any complaint against the persons who issued threats.The bench asked the State to file its counter by tomorrow and said that the matter will be heard on Thursday. When the State's counsel said that the film's producer has already approached the High Court, the bench said that it will order the transfer of that matter to the Supreme Court."Rule of law demands that any film which has a CBFC certificate must be released and the State has to ensure its screening. It can't be that at the fear of burning down the cinemas, that the film can't be shown. People may not watch the film. That is a different matter. We are not passing any order that people must watch the film. But the film must be released," Justice Manmohan added."Rule of law is important. State has to ensure that anyone who wants to show a film, that film must be released after it has got a CBFC certificate," Justice Manmohan asserted.When the State's counsel said that Kamal Haasan chose not to release the film in the State till he resolved the issue with the Karnataka Film Chamber, Justice Bhuyan expressed disapproval of the Karnataka High Court asking Kamal Haasan to apologise for his remarks. "It is none of the business of the High Court," Justice Bhuyan said."This is concerning the rule of law and fundamental rights. Therefore, this Court is intervening. That is what the Supreme Court is meant for to be a custodian of the rule of law and fundamental rights. It is not just about a film," Justice Manmohan said.The bench ordered the transfer of the petition in the Karnataka High Court to the Supreme Court. The matter will be heard on June 19.During the hearing, Justice Bhuyan referred to the recent judgment in the Imran Pratapgarhi case, which recorded with approval a judgment of the Bombay High Court which set aside the ban on the play "Me Nathuram Godse Boltoy". "There were critical references to the Father of the Nation. There was hue and cry. And Maharashtra Government banned the play. The High Court set aside saying, he may be revered as the Father of the Nation. But you can't stop a different view. That is the freedom of speech," Justice Bhuyan said.When the State's counsel again pointed out that the film's producer himself deferred the release to negotiate with the State's film bodies, Justice Manmohan asked if the law can be dependent on the statement of one person."There is something wrong in the system, that one person makes a system..let there be a debate on the issue. Let people say he is wrong," Justice Manmohan said."All the enlightened people of Bangalore can issue a statement that he is wrong. Why should there be a resort to threats?" Justice Bhuyan said.On June 13, a notice was issued to the State of Karnataka in the PIL by a bench comprising Justice Prashant Kumar Mishra and Justice Manmohan.On the previous hearing date, the counsel for the petitioner, AoR A Velan, submitted that the State of Karnataka has completed "capitulated" to extremist elements who were attacking linguistic minorities and calling for the burning of theatres."It is argued that a duly CBFC-certified Tamil feature film "Thug Life" is not allowed to be screened in the theatres in the State of Karnataka. The so-called ban under threat of violence stems not from any lawful process but from a deliberate campaign of terror, including explicit threat of arson against cinema halls, incitement of large-scale violence targeting linguistic minorities. Considering the urgency shown and the issue brought before this court, we issue notice to the respondent," the bench observed in the order.On June 9, while mentioning the matter for urgent listing, Advocate Navpreet Kaur, the petitioner's counsel, submitted that the matter concerned the "law and order situation in the State of Karnataka.""Fringe elements and organisations are giving open threat to set the theatres on fire if they display a Tamil...

'Can't Allow Mobs To Take Over; State Must Ensure Film Release' : Supreme Court To Karnataka Govt On 'Thug Life' Ban

Gursimran Kaur Bakshi

Rule of law demands that any film which has a CBFC certificate must be released and the State has to ensure its screening, the Court said.

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