The Supreme Court has come down upon the West Bengal government for obstructing the screening of the film, Bhobishyoter Bhoot..A Bench of Justices DY Chandrachud and Hemant Gupta criticized the state government on two separate occasions – on March 15, and today..In a petition filed by the producer of the film Indibily Creative Pvt Ltd., the Bench directed the state authorities to refrain from causing any obstruction to the film, considering the fact that the Central Board of Film Certification (CBFC) has already certified it for public viewing..Bhobishyoter Bhoot is a social and political satire about ghosts who wish to make themselves relevant in the future by rescuing the marginalized and the obsolete..The film was initially released in Kolkata and certain districts of West Bengal on February 15. However, by the evening of February 16, without any communication from the exhibitors, the producers received information that the film was abruptly and suddenly taken off a majority of cinema halls and viewers were being refunded their tickets..The director and some members of the cast and crew who visited Inox South City were told by local personnel that unnamed “higher authorities” had instructed them to take the film off the screens. Several exhibitors stated on conditions of anonymity, that the SHO (Station House Officer) from the local thana had instructed them to stop screening the film with immediate effect..The petitioner sought a written formal clarification from the Kolkata Police Commissioner, but there was no response. The Supreme Court was then approached under Article 32 of the Constitution of India..When the matter first came up for hearing on March 15, the Supreme Court noted that the film had been certified for public viewing by the CBFC on November 19, 2018 and had received a U/A certification..The Court also noted that the producer had received a communication from State Intelligence Department on February 11 stating that it was in receipt of information that the contents of the film may hurt public sentiments which may lead to law and order issues..The producer had replied to the same, specifically pointing out that the film had received certification from the CBFC and in terms of the decisions of the Supreme Court, no other authority including the police is entitled to obstruct the release of the film..Despite the same, the film was taken off a majority of theatres. Out of 48 exhibitors, only two were displaying the film..The Supreme Court noted that it had repeatedly held in various judgments that once a film has been duly certified by CBFC, it is not open to any authority to issue formal or informal directions preventing the producer from having the film screened..Such actions of the State directly impinge upon the fundamental right to the freedom of speech and expression under article 19(1)(a), the Court had noted..It had, therefore, sought the response of the State of West Bengal..It had also directed the Chief Secretary and the Principal Secretary of the Department of Home, Government of West Bengal, to ensure that no obstruction or restraint of any kind whatsoever is imposed on the viewing or screening of the film in theatres..Further, it also ordered the Director General of Police, State of West Bengal to ensure that adequate arrangements for security are made to facilitate the screening of the film..“We direct the Chief Secretary, the Principal Secretary, Department of Home and the Director General of Police, State of West Bengal to ensure that adequate arrangements for security are made to facilitate the screening of the film and to ensure that the viewers and the audience are not endangered and there is no danger to the property of the theatres where the film is being or will be screened.”.When the matter came up for hearing today, the Court made it clear that there must be a free flow of ideas, and that the Court is duty bound to uphold the freedom of expression..It, therefore, directed the State authorities to send a communication to all theatres specifically stating that there is no ban on the screening of the movie..Read the order of March 15.
The Supreme Court has come down upon the West Bengal government for obstructing the screening of the film, Bhobishyoter Bhoot..A Bench of Justices DY Chandrachud and Hemant Gupta criticized the state government on two separate occasions – on March 15, and today..In a petition filed by the producer of the film Indibily Creative Pvt Ltd., the Bench directed the state authorities to refrain from causing any obstruction to the film, considering the fact that the Central Board of Film Certification (CBFC) has already certified it for public viewing..Bhobishyoter Bhoot is a social and political satire about ghosts who wish to make themselves relevant in the future by rescuing the marginalized and the obsolete..The film was initially released in Kolkata and certain districts of West Bengal on February 15. However, by the evening of February 16, without any communication from the exhibitors, the producers received information that the film was abruptly and suddenly taken off a majority of cinema halls and viewers were being refunded their tickets..The director and some members of the cast and crew who visited Inox South City were told by local personnel that unnamed “higher authorities” had instructed them to take the film off the screens. Several exhibitors stated on conditions of anonymity, that the SHO (Station House Officer) from the local thana had instructed them to stop screening the film with immediate effect..The petitioner sought a written formal clarification from the Kolkata Police Commissioner, but there was no response. The Supreme Court was then approached under Article 32 of the Constitution of India..When the matter first came up for hearing on March 15, the Supreme Court noted that the film had been certified for public viewing by the CBFC on November 19, 2018 and had received a U/A certification..The Court also noted that the producer had received a communication from State Intelligence Department on February 11 stating that it was in receipt of information that the contents of the film may hurt public sentiments which may lead to law and order issues..The producer had replied to the same, specifically pointing out that the film had received certification from the CBFC and in terms of the decisions of the Supreme Court, no other authority including the police is entitled to obstruct the release of the film..Despite the same, the film was taken off a majority of theatres. Out of 48 exhibitors, only two were displaying the film..The Supreme Court noted that it had repeatedly held in various judgments that once a film has been duly certified by CBFC, it is not open to any authority to issue formal or informal directions preventing the producer from having the film screened..Such actions of the State directly impinge upon the fundamental right to the freedom of speech and expression under article 19(1)(a), the Court had noted..It had, therefore, sought the response of the State of West Bengal..It had also directed the Chief Secretary and the Principal Secretary of the Department of Home, Government of West Bengal, to ensure that no obstruction or restraint of any kind whatsoever is imposed on the viewing or screening of the film in theatres..Further, it also ordered the Director General of Police, State of West Bengal to ensure that adequate arrangements for security are made to facilitate the screening of the film..“We direct the Chief Secretary, the Principal Secretary, Department of Home and the Director General of Police, State of West Bengal to ensure that adequate arrangements for security are made to facilitate the screening of the film and to ensure that the viewers and the audience are not endangered and there is no danger to the property of the theatres where the film is being or will be screened.”.When the matter came up for hearing today, the Court made it clear that there must be a free flow of ideas, and that the Court is duty bound to uphold the freedom of expression..It, therefore, directed the State authorities to send a communication to all theatres specifically stating that there is no ban on the screening of the movie..Read the order of March 15.
