The Supreme Court on Friday issued the notices to the government of West Bengal and Tamil Nadu. The government of West Bengal bans the screening of ‘The Kerala Story’. At the same time, the movie also had its de facto ban in Tamil Nadu in which the cinema owners had withdrawn to represent such a movie. This was done to ensure the precaution against the use of force or violence. Therefore, the makers of the film approached the top court in opposition to the action of the West Bengal government and the de facto ban in Tamil Nadu. A bench consisting of Chief Justice of India DY Chandrachud and Justice PS Narasimha opined their view on the same. They stated that the same film is streaming in different regions of India with an identical demographic profile, then how it cannot be in West Bengal? West Bengal is not different, the bench said. However, the court denied to present its interim order on the same as it believed that representation from both the sides is imperative. So, it instructed the governments of West Bengal and Tamil Nadu to submit their response for further hearing on May 17. Additionally, the court also said that it would like to know about the specific arrangements made by the government of Tamil Nadu. The court also said that it does not assume that some different approach would be utilized when the chairs are already broken or the theatres are attacked[1].
Senior Advocate Harish Salve appearing from the end of the filmmakers clarified that they have approached the Supreme Court in order to quash the order of the West Bengal government regarding the ban on the screening of the film. Moreover, to claim the remedy against the de facto ban in Tamil Nadu.
On the other side, Senior Advocate AM Singhvi representing the state of West Bengal argued by saying that the public exhibition of such a movie cannot be made in order to avoid the breach of peace. This is what Section 6 (1) of the West Bengal Cinemas (Regulation) Act, 1954 is doing to ignore the violence and ensure peace. He also added that they have received a certain number of intelligent reports on the same[2]. He also added this matter should shift to the High Court.
The Kerala High Court on May 5 refused to stay the screening of ‘The Kerala Story’. The court reviewed the trailer of the concerned picture and it found nothing annoying in that. The court further said that the creators of this film had already displayed the disclaimer claiming that it is the fictional version of events[3]. However, the High Court also recorded the submission of the producer that the teaser of the film which was saying that about 32000 women from Kerala were recruited to ISIS, will be removed from their Social media pages[4]. The appeal in opposition to the same will be heard by the Supreme Court on May 15.
Written by- Aniruddh Atul Garg, a student at ILSR, GLA University, Mathura, an intern under Legal Vidhiya
[1] HINDUSTAN TIMES, https://www.hindustantimes.com/india-news/supreme-court-questions-west-bengal-s-decision-to-ban-film-asks-state-to-respond-to-petition-against-the-ban-101683901843561-amp.html (last visited 13th May, 2023).
[2] BAR AND BENCH, https://www-barandbench-com.cdn.ampproject.org/c/s/www.barandbench.com/amp/story/news/litigation/kerala-story-movie-released-elsewhere-west-bengal-not-different-supreme-court-notice-wb (last visited 13th May, 2023).
[3] LIVE LAW, https://www.livelaw.in/top-stories/the-kerala-story-supreme-court-west-bengal-ban-tamil-nadu-228567 (last visited 13th May, 2023).
[4] Ibid
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