SC Slaps Karnataka Govt For Thug Life Ban

New Delhi:Criticising the Karnataka government over the issue of non-screening of veteran actor Kamal Haasan’s “Thug Life” movie in theatres across the state, the Supreme Court on Tuesday said mob and vigilantes cannot be allowed to take over streets, and the rule of law must prevail.

“You cannot put a gun on people's head and say don't watch the movie,” the apex court observed and asked the state’s counsel to file a response by Wednesday.

A two-judge bench of Justice Ujjal Bhuyan and Justice Manmohan said: "We can't allow mobs and vigilantes 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. If somebody has written something, you can counter it by some writing."

While people may not watch the movie if it is screened, they cannot be put to fear that theatres will be burnt down, the bench added.

Advocate A Velam, appearing for petitioner M. Mahesh Reddy, who challenged the film's non-screening in Karnataka, said the state hadn't filed complaints against those issuing threats.

In his observations, Justice Manmohan said: "The rule of law demands that any film which has a CBFC certificate must be released and the state has to ensure its screening. You cannot put a gun on people's heads and say don't watch the movie. 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."

The counsel representing Karnataka said a plea filed by the film producer was scheduled to come up for hearing in the high court on June 20. In its response, the Supreme Court said it could transfer the petition pending before the high court to itself.

Critical of the observations made by the High Court on June 3, asking for an apology from Haasan for his remark suggesting that "Kannada was born out of Tamil", Justice Manmohan said: "It is none of the business of the high court to seek an apology from him (actor). This issue 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."

The bench said if Haasan had uttered anything inconvenient it couldn't be taken as gospel truth and the enlightened people of Karnataka should have debated and said he was wrong.

"There is something wrong in the system — one person makes a statement and it is treated as a gospel truth. Let there be a debate on the issue. Let people say he is wrong," Justice Manmohan said.

Justice Bhuyan remarked: "All the enlightened people of Bengaluru can issue a statement that he is wrong. Why should they resort to threats?"

Underlining the importance of the rule of law, the bench put the onus on the state to ensure the release of a film, which has received a CBFC certificate.

After the counsel, representing the Karnataka government, said that the film producers on their own chose not to release the film in the state till Haasan resolved the issue with the Karnataka Film Chamber, the bench said people were entitled to have different views but for that reason a film couldn't be stopped from screening.

Justice Bhuyan referred to the March 28 verdict quashing the FIR against Congress MP Imran Pratapgarhi for posting a clip of a poem alleged to be provocative and said in the verdict the apex court cited a Bombay High Court judgment setting 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 the Maharashtra government had banned the play. The High Court set aside the ban order, saying that he may be revered as the Father of the Nation. But you can't stop a different view. That is freedom of speech," Justice Bhuyan said.

The Supreme Court would continue with the hearing on June 19.

Haasan’s movie "Thug Life" was released in cinema halls across the country on June 5. However, the movie could not be screened in Karnataka due to the controversy over his remarks.

At a promotional event in Chennai for his film, Haasan reportedly made controversial remarks about Kannada triggering a backlash in Karnataka. Subsequently, the Karnataka Film Chamber of Commerce (KFCC) announced that the film would not be screened in the state unless the actor apologised.

Before the apex court, the petitioner contended that despite the movie being granted certification by the Central Board of Film Certification (CBFC), the state government has allegedly prevented its release through oral instructions and police interference, without issuing any official prohibitory order or any registration of an FIR qua the same.

The petitioner argued that such actions by the state amount to an unconstitutional restriction on free speech and expression under Article 19(1)(a) of the Constitution.