New Delhi: In a big boost to the artistic freedom of speech and expression, the Supreme Court on Thursday has cleared the release of Sanjay Leela Bhansali’s film Padmaavat on January 25 and stayed the ban orders imposed by the four states of Rajasthan, Gujarat, Madhya Pradesh and Haryana.
A three-judge bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud also restrained all other states from banning the Deepika Padukone and Shahid Kapoor starrer and thereby paved the way for its release across the country.
The bench said freedom of speech and expression, particularly as a medium of expression in the celluloid, cannot be curtailed in this manner. The creative content is insegregable aspect of Article 19 (1) (a) of the Constitution. Needless to emphasise that this right is absolute, it added.
Refusing to accept the arguments advanced by additional solicitor general Tushar Mehta on behalf of the four states that law and order must be kept in mind, the Bench said, “Creative freedom, freedom of speech and expression can’t be guillotined and artistic freedom has to be protected.”
The CJI told the ASG that even Bandit Queen passed the test of the court.
The bench also held that if the States continue with the ban, then they would be liable for contempt of court.
Reacting to the order, the Rajasthan government said it would study the order and then only a “decision on filing a revision can be taken”.
State home minister Gulab Chand Kataria said, “The government will do everything to maintain law and order in the state.” The Karni Sena that led protests against the film, asserted it would not allow Padmaavat to be screened. Its president Mahipal Singh Makrana said the Rajputs would hit the streets against it.
When ASG pleaded for a day's time so that he would demonstrate the reasons for the ban, the CJI said that conditional freedom couldn't wait for a day.
Film hurts faith: ASG
When petitioner’s counsel Harish Salve and Mukul Rohatgi said that in the Western world they can make a movie Jesus Christ Super Star, additional solicitor general Tushar Mehta objected saying India will not allow if anyone projects Mahatma Gandhi sipping liquor in the name of freedom of speech. Mr Mehta said it is not a mere issue of a film denigrating women or projecting a woman in bad light but it is the question of hurting faith of people. There is serious apprehension of law and order problem because there are many who worship Rani Padmavati as a Goddess.
The Bench said the states could not have prohibited the release of the film for exhibition in theatres once the Censor Board had granted the certificate after examining the movie.
