Supreme Court Revokes Ban On The Kerala Story: ‘Emotion Can’t Dictate Free Speech’

New Delhi: The Supreme Court on Thursday revoked the ban on ‘The Kerala Story’, pausing a May 8 order by the West Bengal government banning the screening of the controversial film in the state.

The apex court said West Bengal is duty-bound to maintain law and order.

“Law cannot be used to put a premium on public intolerance, otherwise all films will land in the same spot,” noted the bench comprising Chief Justice DY Chandrachud, Justices PS Narasimha and JB Pardiwala.

Coming down heavily on the ‘ban movie’ culture, the top court said that emotions cannot dictate free speech.

“We intend to stay the order of the state of WB. With respect to TN, we will direct them to not directly or indirectly ban it,” Justice Chandrachud remarked while hearing a plea filed by the filmmakers challenging the ban on the movie in West Bengal and a de facto ban in Tamil Nadu.

The court recorded the statement of Additional Advocate General Amit Anand Tiwari, on behalf of Tamil Nadu state, that it will not directly or indirectly thwart screening of the film.

The Supreme Court directed the state of Tamil Nadu to provide adequate security to every cinema hall for safe screening of ‘The Kerala Story’ and ensure safety of moviegoers.

Senior advocate Abhishek Manu Singhvi, representing West Bengal government, said that the state government banned the film on the basis of 13 people, “you get any 13 people they will say ban any movie. Unless you’re showing them cartoons or sports.”

As the top court noted that the film has been released everywhere in the country, Singhvi argued that West Bengal’s demographic is very different which has to be considered.

“You can’t expect demographic to be the same everywhere… power is to be exercised in proportional way…” the Chief Justice countered.

Justice Chandrachud told Singhvi “you cannot make fundamental rights be dependent on public display of emotion… If you didn’t like it, don’t watch the film.”

The CJI suggested that steps can be taken by the state government in a particular district in connection with the screening of the movie if there is an incident, but it cannot be banned across the entire state.