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SC slaps Rs 20 lakh fine on WB for stopping screening of film

NEW DELHI:In a setback to the Mamata Banerjee government, the Supreme Court today imposed Rs 20-lakh fine on West Bengal for disallowing screening of satirical film ‘Bhobishyoter Bhoot’ and pulled it up for a “clear abuse of public power”.

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Satya Prakash
Tribune News Service
New Delhi, April 11

In a setback to the Mamata Banerjee government, the Supreme Court today imposed Rs 20-lakh fine on West Bengal for disallowing screening of satirical film ‘Bhobishyoter Bhoot’ and pulled it up for a “clear abuse of public power”.

“When organised interests threaten the properties of theatre owners or the viewing audience with reprisals, it is the plain duty of the state to ensure that speech is not silenced by the fear of the mob,” a Bench headed by Justice DY Chandrachud said, adding the action of the state police posed a grave danger to personal liberty and free speech and expression.

The Bench, which also included Justice Hemant Gupta, said the fine amount would be given to producers and cinema hall owners as compensation for violation of their right to freedom of speech and expression and right to pursue a lawful business. It also imposed a litigation cost of Rs 1 lakh on the state, which would again go to the producers.

The SC also restrained the state government from using “extra constitutional” means to stop the screening of the film and said the state shall specifically ensure that the properties of the theatre owners are duly protected and viewers’ safety is looked after.

“Unless we were to read a positive obligation on the state to create and maintain conditions in which the freedoms guaranteed by the Constitution can be exercised, there is a real danger that art and literature would become victims of intolerance,” it said.

The order came on a petition filed by Indibily Creative Pvt Ltd and others, seeking a direction to the West Bengal Government and the state police to refrain from obstructing unhindered exhibition of the film certified for public viewing by the Central Board of Film Certification on November 19, 2018.

The special branch of the state police had sent communication to one of the producers that the contents of the film might hurt public sentiments leading to political and law and order issues.

By pulling down the film from theatres, the state police overreached their statutory powers and became “instruments in a concerted attempt to silence speech, suborn views critical of prevailing cultures and threaten law-abiding citizens into submission”, it said.

The SC said the approach of the authorities in the present case treated citizens as “subjects”, denying them autonomy and self-determination, by vesting wide authority to decide the forms of expression that these “subjects” could access and be “trusted” with having exposure to.

Withdrawn a day after release

  • Directed by Anik Dutta, ‘Bhobishyoter Bhoot’ was given U/A certificate by CBFC on November 19 last year. It was released on February 15 only to be withdrawn a day later
  • Its story revolves around a group of ghosts, including of a politician, who assemble at a refugee camp and try to be relevant in the contemporary times
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