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Supreme Court: Can't guillotine creative freedom

The apex court scraps ban on Padmaavat

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Observing that its conscience was shocked that several states had "guillotined creative freedom", the Supreme Court on Thursday stayed notifications and orders issued by several state governments banning the screening of Hindi movie Padmaavat, which is being opposed by some Rajput groups over alleged wrongful portrayal of queen Padmavati.

The court observed that it was "the duty and obligation of the State to maintain law and order".

While setting aside the bans, the court also asked the states not to pass any fresh order which could result in a prohibition of the exhibition of the movie. The proceedings, that lasted almost an hour, saw quick exchanges between the bar and the bench to cite examples where freedom of speech won over the content of films, books and plays.

"One day, I want to argue artists have right even to distort history," senior advocate Harish Salve said, representing Viacom18 the promoters of the film. To this, Additional Solicitor General Tushar Mehta — representing the states shot back that one cannot portray Mahatma Gandhi sipping whiskey.

On which, Salve retorted, "That is not even distortion of history."

Taking up a petition filed by the film-makers, the bench of Chief Justice of India Dipak Misra directed all state governments to ensure that public order was not allowed to be disturbed during the screening of the film.

Taking note of the manner in which several states had succumbed to pressure to ban the film, even though it had been cleared by the Censor Board, the bench also directed the governments to protect the artistes and others involved in the film.

The bench said that a film may not be a success or people may choose not to not watch it, but a state government couldn't be allowed to prohibit the movie from being screened citing risk to public order.

The court said, "Once Parliament has conferred the responsibility and power on a statutory Board and the Board has certified the film, non-exhibition of the film by the States is contrary to statutory provisions."

The governments of BJP-ruled Gujarat, Rajasthan, Haryana and Madhya Pradesh had banned the movie citing public order.

Earlier, counsel of the filmmakers told the bench that the movie had been certified by the censor board after changes.

"States cannot throw the CBFC certificate in the dustbin. This is lawlessness. States cannot ban screening to appease their political constituency. This will lead to constitutional breakdown," said the lawyer.

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