New Delhi, June 17: Coming down heavily on the Karnataka government after actor Kamal Haasan’s film “Thug Life” was not screened in theatres in the state, the Supreme Court on Tuesday said mob and vigilantes cannot be allowed to take over streets.
A bench of Justices Ujjal Bhuyan and Manmohan said the rule of law ought to be established and guns cannot be put to people’s heads to stop them from watching the movie.
“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,” Justice Bhuyan told the Karnataka government’s counsel and directed him to file a response on the matter by June 18.
While people may not watch the movie if it is screened, they cannot be put to fear that theaters 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.
Justice Manmohan said, “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 head and say don’t watch the movie.”
The judge went on, “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.
The bench then indicated to transfer the petition pending before the high court to the apex court.
It was also 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”.
“It is none of the business of the high court to seek an apology from him (actor),” Justice Manmohan said.
The judge continued, “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, that 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 chipped in, “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 state’s counsel said 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 judgement setting aside the ban on the plea “Me Nathuram Godse Boltoy”.
He said, “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 he may be revered as the Father of the Nation. But you can’t stop a different view. That is freedom of speech.”
The top court would continue with the hearing on June 19.
“Thug Life” released in cinema halls across the country on June 5.
The Tamil movie, which reunites Haasan with filmmaker Mani Ratnam after 1987’s “Nayakan”, could not be released in Karnataka after the 70-year-old’s comments about Kannada language sparked a major controversy.
On June 3, the high court pulled up Haasan for his remark suggesting that “Kannada was born out of Tamil”, and observed that a “single apology could have resolved the situation”.
The remark, reportedly made by Haasan at a promotional event in Chennai for his film, sparked a backlash in Karnataka, prompting the Karnataka Film Chamber of Commerce (KFCC) to announce that the film would not be screened in the state unless Haasan apologised.
Reddy in his plea before the apex court, filed through advocate A Velan, contended that despite the movie being granted certification by the Central Board of Film Certification (CBFC), the state government has allegedly prevented its theatrical release through oral instructions and police interference, without issuing any official prohibitory order or any registration of an FIR qua the same.
He 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. (PTI)
