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The Supreme Court, on Tuesday, June 17, made scathing remarks against Karnataka’s "extra-judicial ban" on the screening of Thug Life in the state. The film, by director Mani Ratnam, starring Kamal Haasan, released worldwide on June 5, except in Karnataka because of the controversy over his remarks on the origins of the Kannada language.
“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 hearing 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 bench.
Justice Bhuyan further said that there cannot be threats against the release of a film, adding,"All the enlightened people of Bangalore can issue a statement that he is wrong.”
The SC asked the Karnataka government to file its counter-affidavit by June 18, and posted the matter for further hearing on June 19.
The court also expressed disapproval over the Karnataka High Court’s suggestion to Kamal Haasan to issue an apology. When Kamal’s production house, Raaj Kamal Films International, earlier went to the HC for the smooth release of the film in Karnataka, the HC had observed that Kamal ought to apologise for his remarks.
“You may be Kamal Haasan or anybody, you cannot hurt the sentiments of the masses. The division of this country is on linguistic lines. A public figure cannot make such statements. What has happened because of it is unrest, disharmony. And what have the people of Karnataka asked for? Only an apology,” the HC had said.
Advocate A Velan, representing the petitioner, contended before the HC 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.
The HC petition also stated that 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,” the petition said.
The controversy began after Kamal Haasan had claimed that Kannada was born out of Tamil, during the film’s audio launch, sparking strong reactions in Karnataka. After the actor's refusal to issue an outright apology, the film’s release in the state was postponed indefinitely.
(With IANS inputs)
