‘West Bengal No Different’ — SC While Issuing Notice Against 'The Kerala Story' Ban In The State

On Friday (12 May), a bench of the Supreme Court comprising Chief Justice of India D Y Chandrachud and Justice P S Narasimha sought the response of West Bengal in a plea challenging the state's decision to ban the screening of the movie The Kerala Story.

The court also sought a reply from Tamil Nadu which, according to the movie-makers, has imposed a de facto ban.

The court observed that the film has been released in different parts of the country and if it has been released elsewhere, then it should be allowed to be screened in West Bengal.

The court further said that it would not pass any order without hearing all parties first and thus, sought the response of West Bengal and Tamil Nadu. The case will now be heard on 17 May (Wednesday).

The Supreme Court was hearing a plea filed by the makers of the movie challenging the decision of the West Bengal government to ban the screening of the movie in the state and also assailing the de facto ban by Tamil Nadu.

During the hearing, senior advocate Harish Salve, appearing for the filmmakers, said that the petitioners were seeking the quashing of the West Bengal order. Further, he also sought directions for protection in Tamil Nadu.

Appearing for West Bengal, senior advocate A M Singhvi argued that the court has in similar cases asked petitioners to move the High Court, and therefore, the same should be done in this case.

The court, however, observed that the movie has been screened in other states, including places with similar demographic profiles as West Bengal, and hence, West Bengal cannot claim to be any different.

The West Bengal government had, on 8 May, ordered an immediate ban on the screening of the film in the state to avoid “any incident of hatred and violence”.

The plea, besides challenging the ban, also challenged the constitutionality of Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, under which the West Bengal government issued the order banning the film.

The West Bengal order stated that the public exhibition of the film “is likely to cause a breach of peace” and that an order under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, prohibiting the exhibition of the film in the state was required to be passed “to avoid any incident of hatred and violence in order to maintain peace and the law and order situation in the State”.