Supreme Court firmly refuses to hear another plea against 'Padmaavat', says maintaining'law and order is government job, not ours'

| Updated: Jan 19, 2018, 13:01 IST

Highlights

  • The SC firmly said today that it's the court's job to "function as a constitutional court", which it did yesterday when it cleared 'Padmaavat'
  • It also reiterated that the job to maintain law and order is the responsibility of governments and not a court of law's.
Karni Sena activists protest over the clearance of film 'Padmavati' by the CBFC, in Mumbai recently. (Photo by Shashank Parade)Karni Sena activists protest over the clearance of film 'Padmavati' by the CBFC, in Mumbai recently. (Photo by Shashank Parade)
NEW DELHI: Refusing to entertain yet another plea against 'Padmaavat', the Supreme Court (SC) firmly said today that it's the court's job to "function as a constitutional court", which it did yesterday and that the job to maintain law and order is the responsibility of governments and not a court of law's.

A day after it lifted a four-state ban on the controversial film 'Padmaavat', scheduled for release next week, the apex court was again petitioned for a ban. The petitioner, a lawyer called Manohar Lal Sharma, said the Censor Board clearance to the film was "illegal", and added that its release may create law and order problems.

Sorry, said the three-judge bench of the SC headed by Chief Justice of India (CJI) Dipak Misra.

"The court has to function as a constitutional court and it has already yesterday in its interim order said that states can't block a movie from screening," said the SC bench, rejecting the plea.

The bench then reiterated what it said yesterday when clearing the film - earlier called - 'Padmavati' - that it is the various governments' job to deal with any potential law and order issues. That isn't the job of the court, it said.

Yesterday, too, the top court reminded governments about their constitutional obligation to put out threats of violence. It also spoke at some length about the sanctity and inviolability of the Right to Freedom of Speech and Expression, which it reminded everyone is a constitutionally guaranteed right.


Several fringe groups oppose 'Padmaavat' alleging it distorts history or shows the Rajput community in bad light. Despite the censor board clearing the film's release, the BJP-ruled states of Rajasthan, Gujarat, Madhya Pradesh and Chhattisgarh banned its screening.


The SC did away with that ban yesterday upon hearing a petition from the producers and the director of the film.


The four states argued that the censor board, while clearing a film, scrutinised filmmaking and ethical aspects but state governments had to factor in possible law and order challenges arising from volatile social dynamics.


"That is the fundamental error. If the film 'Bandit Queen' can pass the test of the SC, why not 'Padmaavat'? Whether a film is a box office bomb or a flop, whether distributors buy the film or not, we are not concerned. When the right to freedom of speech and expression, which is inseparable from making a film or enacting street theatre, is guillotined, my constitutional concern gets aroused. Artistic and creative expressions have to be protected," said Chief Justice Misra.

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