The Supreme Court on Friday challenged the West Bengal government to justify its decision to ban the screening of The Kerala Story, asking why it thought itself any different from other demographically similar States across the country which are showing the controversial film.
The film has come under fire from critics who accuse its makers of demonising the entire Muslim community, particularly Muslim youth, with a “malicious propaganda” claim that 32,000 young women in Kerala were lured through so-called ‘love jihad’ and trafficked to West Asia to join the ISIS militant Islamic group.
“The film is running in different parts of the country which have a similar demographic profile as West Bengal. Why should you [West Bengal government] not allow a film to run? This has nothing to do with the artistic value of the film… It may be good art or it may be bad art, but that is irrelevant. If the public don’t find the film worth, they will not watch it,” Chief Justice of India D.Y. Chandrachud said, addressing the West Bengal government.
Also Read | T.N. government asks Collectors, SPs to be alert over release of The Kerala Story
Red alert in TN
The film makers, represented by senior advocate Harish Salve, have sought the quashing of a ban imposed on the film by the State government under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954. Sunshine Pictures Private Limited has also accused the Tamil Nadu government of orchestrating a “de facto” ban on the release of the movie by issuing a state of red-alert. The film makers said that theatres have withdrawn from showing the film, scared of violence.
“We would like to know from you what steps you have taken… State governments cannot look the other way when people attack theatres and burn chairs,” Chief Justice Chandrachud told Tamil Nadu Additional Advocate General Amit Anand Tiwari.
Mr. Tiwari said that the accusations against the State were unfounded as there was no official ban on the film.
Issuing notice to both West Bengal and Tamil Nadu and directing them to file their separate responses, the Bench listed the case for hearing on May 17.
Editorial | More than a story: on the film, The Kerala Story, and the demand that it be banned
Issuing notice to both West Bengal and Tamil Nadu and directing them to file their separate responses, the Bench listed the case for hearing on May 17.
‘Fear breach of peace’
Senior advocate A.M. Singhvi, for West Bengal, said that the apex court should not entertain the case. It had earlier, in two separate orders, refused to intervene in multiple challenges against The Kerala Story. The apex court had in those two past occasions told the petitioners to approach the respective High Courts.
“You should follow your own discipline in this case too. There is no reason why the film makers cannot approach the High Courts… We have grave apprehensions of breach of peace,” Mr. Singhvi submitted.
“The film has been released in the rest of the country and West Bengal is no different from any other part of the country. If the film can run in peace in other parts of the country, why should the State of West Bengal ban the film?” Chief Justice Chandrachud asked.
