Thug life: Just because someone's sentiment hurt, movie, stand up comedy can't be stopped, says SC
New Delhi, The Supreme Court on Thursday directed the Karnataka government to act against those obstructing the release of Kamal Haasan starrer "Thug Life" in the state and said a movie, stand-up comedy or a poem's recital can't be stopped only because someone's sentiments are hurt.
A bench of Justices Ujjal Bhuyan and Manmohan said, "There is no end to hurting 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 top court then recorded Karnataka government's assurance that it would provide adequate security to cinema theatres screening the film.
"The State has filed an affidavit, paving the way for the release of the movie..., we find that it would be in the interest of justice to bring closure to the matter. We don't find it appropriate to lay guidelines or impose costs. However, we direct 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 damages," the bench said.
The top court also questioned the Karnataka Film Chamber of Commerce 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.
Counsel appearing for Kamal Haasan's RajKamal Film International Ltd, one of the producers of the film, said though they had lost ₹30 crore so far, they had no problems if the state agreed to provide security for screening of the film.
The top court was hearing a PIL filed by one M Mahesh Reddy seeking directions to allow the screening of 'Thug Life', which was not released in Karnataka after Haasan's remarks.
Advocate A Velan, appearing for Reddy, said the state did not take any action against the persons who issued threats against the film and that its affidavit was silent on the issue.
He referred to the apex court's slew of guidelines on mob violence and hate speeches, which the state was bound to follow in the present case.
The counsel for the state assured action against those issuing threats against the film's release.
Senior advocate Sanjay Nuli, appearing for the Kannada Sahitya Parishad, said language was an emotive issue in Karnataka, and sentiments were running high due to the remarks.
The bench asked whether the organisation was supporting the unofficial ban on the movie and burning down of theatres.
"The movie can be screened, subject to an apology by the actor. Otherwise, it will aggravate the situation," Nuli said.
The bench retorted, "Where is the question of apology? You cannot take the law into your hands. If you are hurt by the statements, then file a defamation case.'
Nuli clarified he was not supporting those who took matters in their own hands or violence.
"And you will not obstruct the release of the movie," Justice Bhuyan cautioned.
On June 17, the top court came down heavily on the Karnataka government after the actor's movie" was not screened in theatres in the state, and observed that mob and vigilantes cannot be allowed to take over streets.
Justice Manmohan had said that rule of law demands that any film which has a CBFC certificate must be released and the State has to ensure its screening.
"You cannot put a gun on people's head and say don't watch the movie. It can't be that in the fear of burning down the cinemas, that the film can't be shown. People may not watch the film. That is a different matter. We are not passing any order that people must watch the film. But the film must be released," he had said.
"Thug Life" released in cinema halls across the country on June 5.
The Tamil movie, which reunites Haasan with filmmaker Mani Ratnam after 1987's "Nayakan", could not be released in Karnataka after the 70-year-old's comments about Kannada language sparked a major controversy.
On June 3, the high court pulled up Haasan for his remark suggesting that "Kannada was born out of Tamil", and observed that a "single apology could have resolved the situation".
The remark, reportedly made by Haasan at a promotional event in Chennai for his film, sparked a backlash in Karnataka, prompting the KFCC to announce that the film would not be screened in the state unless Haasan apologised.
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