Just because someone's sentiment is hurt, movie, stand-up comedy can't be stopped, says SC on Thug life ban
NEW DELHI: Taking strong exception to criminal elements obstructing the screening of Kamal Haasan-starrer Thug Life, the Supreme Court on Thursday directed the Karnataka government to act against those who create hindrances even as it underscored that a movie, stand-up comedy or a poem's recital can't be stopped simply because someone's sentiments are hurt.
During the course of the hearing of a PIL filed by Bengaluru resident M Mahesh Reddy, challenging the ban on the screening of Tamil feature film Thug Life in Karnataka, the apex court made pertinent observations about the way artistic creations are being stalled due to protests by groups who claim that their sentiments were hurt.
A bench of Justices Ujjal Bhuyan and Manmohan said, "There is no end to hurt sentiments in India. If a stand-up comedian says something, sentiments are hurt and there is vandalism and protests. Where are we heading?"
Does it mean because of protests, a movie should be stopped or stand up comedy should be stopped or reciting of poems be stopped?"
The bench went onto say that it did not want a situation to crop up in which someone's sentiment was hurt by utterances and the movie was stalled from releasing, or a standup show was cancelled or an artist was stopped from reciting a poem.
The court directed the State of Karnataka that if any individual or group prevents the release of a movie or resorts to coercion or violence, the State shall act promptly by taking action under criminal and civil law, including make them pay for the damages.
The apex court, after recording the Karnataka government's assurance that it would provide adequate security to cinema theatres screening the film, closed the PIL filed by Mahesh Reddy.
Earlier, advocate A Velan, for the petitioner (Reddy), argued that the State has not taken any action against those persons who issued the threats against the film and that its affidavit is silent about that issue. He pointed out that the Supreme Court has issued various guidelines with respect to mob vigilantism and hate speeches, which the State was bound to follow in the instant case.
Opposing these submissions, the State's counsel stated that the petitioner was referring to cases where the Governments imposed bans on films and that those judgments are not applicable here as the State has not banned the film.
The bench appreciated the stand taken by the State. Kamal Haasan's Raj Kamal Film International Ltd, one of the producers of the film, expressed satisfaction with the State's stand. The bench then proposed to close the case.
The Counsel appearing for RajKamal Film International Ltd said though they had lost Rs 30 crore (in revenue) so far, they had no problems if the state agreed to provide security for screening of the film.
The top court questioned the Karnataka Film Chamber of Commerce (KFCC) for seeking an apology from veteran actor Kamal Haasan over his remark that Kannada was born out of Tamil.
"We cannot allow this to happen. Just because of an opinion, should a movie be stopped? A stand-up comedy should be stopped? Recital of a poem should be stopped?," the bench asked.
However, counsel for KFCC said that they did not issue any threats but only issued a letter that there was widespread protests across the state and kindly consider issuing an apology.
The KFCC counsel that the mob entered their offices and after that they had issued a letter.
Justice Bhuyan asked if KFCC had made any complaint to the police in this regard.
"You actually succumbed to mob pressure. Did you go to the police? No.
That means you have no complaints against them. You are just hiding behind them," he observed.
The KFCC counsel said that they would abide by any order passed by the court.
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