Threat of burning down cinemas can’t prevent release of film: SC on ‘Thug Life’ row

New Delhi:  The Supreme Court on Tuesday made scathing remarks against Karnataka’s “extra-judicial ban” on the screening of ‘Thug Life’ — a film by veteran filmmaker Mani Ratnam and superstar Kamal Haasan.

“Rule of law demands that any film which has a CBFC certificate must be released, and the state government has to ensure its screening. It can’t be that, at the threat of burning down the cinemas, the film can’t be released. We are not passing an order that people come and watch the film. But the film must be released,” remarked a Bench headed by Justice Ujjal Bhuyan.

The apex court was dealing with a writ petition filed by Bengaluru’s M. Mahesh Reddy, alleging that despite certification by the Central Board of Film Certification (CBFC), the Karnataka government has prevented Thug Life’s theatrical release through oral instructions and police interference.

“We cannot allow mobs and vigilante groups to take over the streets. The rule of law must prevail,” the Bench, also comprising Justice Manmohan, told the Karnataka government’s counsel.

“See, the issue concerns the rule of law. It concerns a fundamental right. The Supreme Court is meant to be a custodian of the rule of law as well as a fundamental right. It is not just a video or a film, but much bigger than that,” added the Justice Bhuyan-led Bench.

It asked the Karnataka government to file its counter-affidavit by Wednesday, and posted the matter for further hearing on Thursday (June 19).

When the counsel representing the Karnataka government stated that following the row over Haasan’s remarks on the origins of the Kannada language, the film’s producer had petitioned the Karnataka High Court seeking protection, the apex court directed the transfer of the pending petition to itself. Further, it expressed disapproval over the Karnataka High Court’s suggestion to Kamal Haasan to issue an apology.

During the film’s audio launch, Kamal Haasan claimed that “Kannada is born out of Tamil”, sparking strong reactions in Karnataka. After the actor’s refusal to issue an outright apology, the film’s release in Karnataka has been postponed indefinitely.

Last week, the Supreme Court had sought responses from Karnataka’s Chief Secretary, Principal Secretary (Home) and Director General of Police in the matter and posted the petition for further hearing on June 17.

Advocate A. Velan, representing the petitioner, contended that Karnataka’s “extra-judicial ban” amounted to an unconstitutional restriction on free speech and expression guaranteed under Article 19(1)(a) of the Constitution.

The Karnataka government has completely “capitulated” to extremist elements, who were attacking linguistic minorities and calling for the burning of theatres, submitted Velan.

As per the petition, the ban stems from a deliberate campaign of terror, including explicit threats of arson against cinema halls, incitement to large-scale communal violence targeting linguistic minorities, and a chilling call for a repeat of past anti-Tamil riots.

“This reign of intimidation is a direct, flagrant violation of the Fundamental Rights to Freedom of Speech and Expression (Article 19(1)(a)) and to Practice any Profession (Article 19(1)(g)). More seriously, it is a calculated attack on the secular fabric and public order of the state,” stated the petition.

–IANS