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A protest against the film ‘Love Yatri’ in Ahmedabad.

A protest against the film ‘Love Yatri’ in Ahmedabad.   | Photo Credit: AP

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SC, led by outgoing CJI Dipak Misra, guarded free speech in a year of tumult

Though it was a year marked by tumult from within, the Supreme Court stood firm in its resolve to protect the creative freedom on the silver screen and in books.

In its latest decision on the subject, a Bench led by Chief Justice of India Dipak Misra protected Bollywood actor Salman Khan-produced Love Yatri from criminal action.

Recently, in his judgment refusing to ban the Malayalam novel Meesha, Chief Justice Misra quoted Voltaire’s “I may disapprove of what you say, but I will defend to the death your right to say it.” The court, in its judgment, said, “We live not in a totalitarian regime but in a democratic nation which permits free exchange of ideas and liberty.”

Similarly, the court refused to ban a book written by Dalit activist Professor Kancha Ilaiah called Samajika Smugglurlu Komatollu. The court held that it cannot restrict a creative mind from expressing his thoughts about the world he lives in.

The court came to the rescue of 18-year-old actor Priya Prakash Varrier by quashing a criminal case lodged against her for her wink in a film song.

It stood up to Sikh religious bodies to protect the free speech of Harinder S. Sikka, the producer of the controversial Punjabi film Nanak Shah Fakir. The court had said that anarchy would prevail if private bodies were allowed to cripple free speech in cinema.

The court held that once a film has been certified for screening by the Central Board of Film Certification, any attempts to ban its release by private groups should be mercilessly struck down.

The court refused requests by the Rajasthan and Madhya Pradesh governments to delay the screening of the film Padmaavat, fearing mob violence. “A 100 or 200 people cannot take to the streets and demand a ban. The Supreme Court has passed an order. These people better abide by it,” Chief Justice Misra had said.