Padmaavat Hearing: ‘Gandhi, Kalidasa, Marathi plays and Whisky’ part of interesting exchanges at the hearing

New Delhi: There were many interesting exchanges in the 50-minute hearing on the screening of Sanjay Bhansali’s movie “Padmaavat” that delayed the start of the Constitution Bench on Aadhaar. Senior advocate Harish Salve, appearing for the producers of the movie, anchored his arguments in constitutional freedom of speech and expression and creative liberty – a matter extremely dear to his heart for the last 40 years – asserting that someday I will argue that an artist has a right to even distort history.

Even as the CJI asked Salve not to put his arguments on such an elevated plane, Additional Solicitor General Tushar Mehta, appearing for the states, jumped to his feet to slam Salve’s remark. “No…You can’t distort history. Then someday they will show Mahatma Gandhi having a sip of whiskey. This is not acceptable,” said Mehta.

To this, Salve quipped: “Mr Mehta, that’s not even distortion of history.” The prompt retort had everyone in the court in splits. Salve then added that in the West, they can even make a movie ‘Jesus Christ Super Star.’ Mehta, however, objected saying, “let us go by Indian standards.”

The CJI, relishing the debate, chipped in and cited several plays and books — in particular classical Indian literature — to maintain that if everything was to be questioned in this manner, then “60 per cent of classical Indian literature may not even be read today.” Justice Misra then cited Kalidasa’s controversial play, ‘Nala Damayanti’, to make a point about how certain controversial literature had been refused to be translated by academicians.

“Mr Salve…you would not have heard about it,” said the CJI and Salve candidly replied: “Fair assumption.” Justice D Y Chandrachud, who is from Maharashtra, cited his own experience. “Years ago, there was a play in Marathi called ‘Mee Nathuram Godse Boltoy’ which was sought to be banned by the state but the High Court said it is the state government’s duty to maintain law and order.”

The CJI cited from his own repository another Marathi play, ‘Sakharam Binder,’ by playwright Vijay Tendulkar that was banned in India in 1974. “Then there is a book called ‘Naked Ambition (which talks about sex life of Mahatma Gandhi) and another book, ‘The man who killed Gandhi’. This court has been protecting these constitutional rights and artistic freedoms,” said Justice Misra while passing the interim order against the ban imposed on ‘Padmaavat’ ahead of its release on January 25.