Madras High Court initially clears release of Vishwaroopam Says decision of 31 District Collectors to impose ban strange Download Single Judges Order

Bar & Bench has obtained an uncertified copy of the order passed by the Single Bench of the Madras High Court, wherein the High Court had stayed the orders banning the screening of the film, “Vishwaroopam”. The Single Bench decision was passed in a petition filed by the producers of the film. The 2-week ban had been passed by 31 District Collectors under Section 144 of the Code of Criminal Procedure Code, 1973 on the basis of perceived threat to “religious harmony and tranquillity” in the State of Tamil Nadu..Bar & Bench has obtained an uncertified copy of the order passed by the Single Bench of the Madras High Court, wherein the High Court had stayed the orders banning the screening of the film, “Vishwaroopam”. The Single Bench decision was passed in a petition filed by the producers of the film. The 2-week ban had been passed by 31 District Collectors under Section 144 of the Code of Criminal Procedure Code, 1973 on the basis of perceived threat to “religious harmony and tranquillity” in the State of Tamil Nadu..On January 30, 2013 however, Justice K Venkatraman stayed the S.144 orders, holding that the freedom of expression under Article 19(1)(a) cannot be curtailed. The Court further observed that the Muslim organisations are free to approach the Censor Board seeking either cancellation of the film or deletion of the objectionable scenes. The Court also took note of the fact that, in its representation after viewing the movie, the Muslim organisations did not point out any specific scenes which hurt the “sentiment of the Muslim community at large”..Lastly, in a thinly veiled criticism of the State machinery, the Court further held that the common decision taken under S.144 by all the District Collectors, “appears to be strange”. The Court observed that there were no “independent reasons” given by the District Collectors for imposing the ban and that the Collectors appeared to have been “carried away by the sentiment expressed by the Muslim organisations and nothing more”..The State was represented by Advocate General A Navaneetha Krishnan and Additional Advocate General Aravind Pandhian. The Petitioners were represented by Senior Counsel, PS Raman. Sankara Subbu was the counsel on behalf of the complainants from the Muslim community..A day after this order was passed, the State of Tamil Nadu filed an appeal before a Division Bench which eventually set aside the decision of the Single Judge leading to a continuation of the ban. The matter was sent back to the Single Judge who adjourned the matter on January 31, 2013. As per the latest available news reports, all the concerned parties shall be holding a meeting today evening..Image taken from here.