The Supreme Court this week issued a judgment restraining the government of West Bengal, specifically the police, from preventing the lawful screening of Bengali movie Bhobishyoter Bhoot.
The movie - a social and political satire about ghosts was all set to release on Feb. 15 this year, but just four days before its release, the producer received a call from Kolkata police asking for a screening of the film for senior officers by Feb. 12 because apparently βthe contents of the film may hurt public sentiments, leading to political law and order issuesβ. This was after the film had received certification from the Central Board Of Film Certification.
The State of West Bengal, through the Kolkata Police, is misusing police power and acting as a βsuper-censor' sitting atop the CBFC and is violating the Petitioners' fundamental rights guaranteed under Articles 14,19(1)(a), 19(1)(g) and 21 of the Indian Constitution.Indibily Creative Pvt Ltd and Others, Complainants
The judgment notes that multiplex company INOX Leisure even wrote to the producers saying that they were βdirected by the authorities to discontinue screeningβ of the film βkeeping in mind the interest of the guestsβ.
The producers then approached the Supreme Court to protect their and the audiences' fundamental right to free speech and expression in addition to protecting their personal liberty and business.
The bench, which comprised Justices DY Chandrachud and Hemant Gupta, in its order notes that commitment to free speech involves protecting speech that is palatable as well as that which we do not want to hear.
Citing countless precedents, the two judge bench held that βthe approach of the authorities in the present case treats citizens as βsubjectsβ denying them the capacity for autonomy and self-determination, by vesting in the government wide authority to decide the forms of expression that these βsubjectsβ can access and be βtrusted with having exposure toβ
The order goes on to note that the police is not, in a free society, the self-appointed guardians of public morality. It notes that under the rule of law, a clear authority (CBFC) has been set up to undertake decisions of allowing or refusing to allow the release of a film. And to that extent, the police has no authority to intervene, specially not to curtain freedom of speech of individuals.
Such attempt of the police was not backed by law and therefore insidious and poses a grave danger to personal liberty and free speech and expression, the court said.
If the right of the play-wright, artist, musician or actor were to be subjected to popular notions of what is or is not acceptable, the right itself and its guarantee under the Constitution would be rendered illusory. The true purpose of art, as manifest in its myriad forms, is to question and provoke.Supreme Court Order
Under the constitutional scheme, restrictions can only be imposed by or under a law which is made by the State. The State of West Bengal had informed the Court that it had not taken recourse to its statutory powers either under state or union legislation, the judgment states.
Apart from restraining the state from taking recourse to any form of extra constitutional means to prevent the lawful screening of the feature film Bhobishyoter Bhoot, the bench also granted βremedial compensation' of Rs. 20 lakh to the petitioners. The respondents, including the State of West Bengal, is also required to pay the petitioners the cost of the proceedings (quantified at Rs. 1 lakh) within one month.
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