States claimed that the Cinematograph Act empowers them to stop exhibition of any controversial movie on the grounds of possible violation of law and order.
Rajasthan and Madhya Pradesh governments on Monday said States are the best judges of what constitutes a threat to public order and urged the Supreme Court to rethink its decision allowing film Padmaavat to be screened in theatres.
A Bench led by Chief Justice of India Dipak Misra posted the hearing on the States’ applications for modification for January 23. The States invoked Section 6 of the Cinematograph Act of 1952 to argue that the law provided for the State to finally decide whether exhibition of a movie would trigger public unrest.
Gujarat and Rajasthan issued notifications prohibiting the screening of the film. Haryana had agreed in-principle to ban the movie scheduled for nationwide release on January 25. M.P. too said it intended to ban its screening.
On January 18, the Supreme Court stayed attempts by the four States to prohibit the screening of the film. This was after Viacom 18, the producers, approached it. The court restrained all the States from passing such prohibitory orders.
The Bench made it clear that “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 States is contrary to statutory provisions.”
Maintaining that States were under a constitutional obligation to maintain law and order, the apex court said this duty also extended to providing police protection to the exhibition of the film, persons involved with it and the audience.
In their latest plea, the States argued that the Censor Board did not have the expertise or wherewithal to gauge the security risks and public order situation when it certified a film for public screening. They contended the States had a right to prevent “breach of peace.” Rajasthan referred to Section7 of the Rajasthan Cinemas Regulation Act of 1952 in this regard.
Padmaavat is based on the historic battle of the 13th century between Maharaja Ratan Singh and his army of Mewar and Sultan Alauddin Khilji of Delhi.
A Bench led by Chief Justice of India Dipak Misra posted the hearing on the States’ applications for modification for January 23. The States invoked Section 6 of the Cinematograph Act of 1952 to argue that the law provided for the State to finally decide whether exhibition of a movie would trigger public unrest.
Gujarat and Rajasthan issued notifications prohibiting the screening of the film. Haryana had agreed in-principle to ban the movie scheduled for nationwide release on January 25. M.P. too said it intended to ban its screening.
On January 18, the Supreme Court stayed attempts by the four States to prohibit the screening of the film. This was after Viacom 18, the producers, approached it. The court restrained all the States from passing such prohibitory orders.
The Bench made it clear that “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 States is contrary to statutory provisions.”
Maintaining that States were under a constitutional obligation to maintain law and order, the apex court said this duty also extended to providing police protection to the exhibition of the film, persons involved with it and the audience.
In their latest plea, the States argued that the Censor Board did not have the expertise or wherewithal to gauge the security risks and public order situation when it certified a film for public screening. They contended the States had a right to prevent “breach of peace.” Rajasthan referred to Section7 of the Rajasthan Cinemas Regulation Act of 1952 in this regard.
Padmaavat is based on the historic battle of the 13th century between Maharaja Ratan Singh and his army of Mewar and Sultan Alauddin Khilji of Delhi.