Artistic freedom is sacrosanct: Supreme Court

Freedom of expression is sacrosanct and every artist — a filmmaker or a dramatist — is allowed to have his own perception of history, the Supreme Court said on Thursday as it refused a plea that had sought a stay on the film An Insignificant Man. The court's observations coincide with countrywide protests over Sanjay Leela Bhansali's latest movie, Padmavati, with the Rajput community alleging that the main character's portrayal has been distorted.

The court said it had no right to gag artistes and their creative rights as a bench led by Chief Justice Dipak Misra dismissed the petition that wanted certain scenes deleted from "An Insignificant Man" based on Delhi Chief Minister Arvind Kejriwal. It will release nationwide on Friday as scheduled.

The bench, which also comprised Justices AM Khanwilkar and DY Chandrachud, said the courts should exercise restraint and must be "extremely slow" when passing any orders that constrain creative activity.

Petitioner Nachiketa Walhekar, who had thrown ink at Kejriwal in 2013, alleged that he (Walhekar) has been portrayed in the movie as a convict even though the trial in the case is still pending. His arguments however found no ground with the top court as it refused to direct the Central Board of Film Certification (CBFC) to stay the release of the film.

In his petition, Walhekar submitted that his reputation was sullied and he sought a disclaimer from the makers of the film to clarify that his trial was still pending in court.

"The courts have to be extremely slow to pass any kind of orders in such situations and should allow a creative man to enjoy in writing a drama, philosophy and a book of any kind or a project, be it in on celluloid or theatre...

Freedom of speech and expression is sacrosanct and the said right should not be ordinarily interfered with," the apex court said.

The Supreme Court had on November 10 refused to stay the release of Deepika Padukone starrer Padmavati. The Allahabad High Court also declined to entertain a plea seeking a ban on the Bollywood film.

The period drama, which also has Ranveer Singh and Shahid Kapoor in lead roles, is due to be released on December 1. The court verdicts had come as a boost to Bhansali in the aftermath of a mob attack in Jaipur and vandalism in Kolhapur during the shooting of the film. But a fresh wave of protests has again become a cause for concern for the filmmakers.