SC lifts ban on ‘Padmaavat’ by states, cites freedom of speech

Satya Prakash

Tribune News Service

New Delhi, January 18

The Supreme Court today paved the way for the nationwide release of ‘Padmaavat’on January 25 as it stayed orders issued by the Haryana, Rajasthan and Gujarat governments banning the screening of the Deepika Padukone-starrer film.

Noting that maintenance of law and order was the duty of state governments, a Bench headed by Chief Justice of India Dipak Misra asked states to provide the security needed for its peaceful screening.

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It also restrained other states from similar ban notifications. It sought to emphasise that theatre and cinema were a part of right to freedom of speech and expression. “Let it be released... a movie might not be so successful at the box office and people might not go to watch it, but its exhibition cannot be prohibited like this,” it said.

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Based on the saga of the historic battle of 13th century between Maharaja Ratan Singh and his army of Mewar and Sultan Alauddin Khilji of Delhi, the film has been opposed by Rajputs for alleged character assassination of Padmavati. 

On behalf of producers Viacom 18, Harish Salve and Mukul Rohatgi contended that once the Central Board of Film Certification had cleared a movie, states could not interfere with it. CBFC was “extra cautious” and it issued a certificate after a few cuts suggested by an expert committee were carried out, they said. They cited the top court’s 2011 ruling in the case of Prakash Jha’s film ‘Aarakshan’, which was banned by some states for a certain period.

“Once the parliamentary legislation confers the responsibility and power on a statutory board and the board grants certificate, non-exhibition of it by states will be contrary to statutory provisions,” the court said .

On behalf of the BJP-ruled states, Additional Solicitor General Tushar Mehta said there were intelligence reports regarding law and order problem. “If you go by this, 60 per cent of literature, even classical literature of India, cannot be read,” the CJI said. 

The Bench fixed March 26 for further hearing.