Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cinematograph Act 1952 13 Grant of remedial compensation Arts. 19 5 West Bengal Cinemas (Regulation) Act 1954 s.6 5A 5B ss.4 32 Public Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India – Arts. 19, 32 – Petitioners produced Bengali film titled Bhobishyoter Bhoot, a social and political satire about ghosts – Second petitioner-Director of the film received letter on 11 Feb. 19, four days prior to its scheduled release on 15 Feb. 19, from the Joint Commissioner of Police (Intelligence), Special Branch to arrange prior screening of the film by 12 Feb. 19, stating that inputs were received “that the contents of the film may hurt public sentiments which may lead to political law and order issues” – Responded by second petitioner – First petitioner-Company, coproducer of the film, proceeded with the release of the film on 15 Feb. 19 – However, within a day of its release an overwhelming majority of the exhibitors abruptly took the film off their screens – Tickets were refunded to the viewers – Held: Police are not, in a free society, the self-appointed guardians of public morality – Uniformed authority of their force is subject to the rule of law – Joint Commissioner was not unmindful of the fact that the film had been slated for release within a few days of his communication in theatres across the city of Kolkata and the State of West Bengal – If there was any doubt over the entitlement of the producers to have the film exhibited, it was laid to rest when the producers immediately informed him of the film being CBFC (Central Board of Film Certification) certified – Statutory authority to certify a film for public exhibition is vested in the CBFC under the provisions of the 1952 Act – State Act (s.6, 1954 Act) and the Central Act (s.13, 1952 Act) provide the conditions in which the State government, or as the case may be, the central government (or a local authority) may suspend the exhibition of a film, where it is likely to cause a breach of the peace – Any order issued under the terms of these statutory provisions is subject to statutory control as well as to the supervisory jurisdiction of the High Courts u/Art. 226 or, as the case may be, the original jurisdiction of this Court u/Art.32 – Producer of a film certified by the CBFC needs to embark upon meticulous arrangements including contracts for the exhibition of the film – Wielding of extra constitutional authority is destructive of legitimate expectations – Letter addressed by INOX to the producer specifically mentions that they were directed by the authorities to discontinue the screening in the ‘interest of the guests’ – This was clear abuse of public power – West Bengal police overreached their statutory powers – Several interim directions were issued to the State of West Bengal, the Principal Secretary, Home and the Director General of Police vide Supreme Court’s orders dtd. 15 March 19 and 25 March 19 – Confirmed – State restrained from taking recourse to any form of extra constitutional means to prevent the lawful screening of the film and to ensure that the properties of the theatre owners who exhibit the film are duly protected as are the viewers against attempts on their safety – As a consequence of the pulling off of the film from the theatres, the petitioners have suffered violation of their fundamental right to free speech and expression and of their right to pursue a lawful business – A remedy in public law for the grant of remedial compensation is required in the present case – Respondents to pay to the petitioners Rs 20 lakhs as compensation – Petitioners also entitled to the costs of the proceedings quantified at Rs 1 lakh – Cinematograph Act 1952 – ss.4, 5, 5A, 5B, 13 – West Bengal Cinemas (Regulation) Act 1954 – s.6 – Public Law – Grant of remedial compensation. Constitution of India – Art. 19(1)(a) – Right to freedom of speech and expression – Exercise of – Duty of the State – Discussed |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 517 |
Petitioner | Indibility Creative Pvt Ltd & Ors. |
Respondent | Govt Of West Bengal & Ors. |
SCR | [2019] 5 S.C.R. 679 |
Judgement Date | 2019-04-11 |
Case Number | 306 |
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