Andhra Prades

HC: banning an entire play due to bad portrayal of a character unjustified

The Andhra Pradesh High Court on Wednesday took strong objection to the imposition of a blanket ban on the stage play “Chintamani” during the hearing of a petition filed by YSR Congress MP K. Raghurama Krishna Raju.

A Division Bench comprising Justices C. Praveen Kumar and K. Manmadha Rao ordered that notices be served on the government, CEO of the AP State Creative and Culture Commission and AP Arya Vysya Mahasabha to file their affidavits by February 7.

Justice Praveen Kumar grilled the government pleader concerned as to why a total ban had been imposed on the play when its original source — the book written by Kallakuri Narayana Rao — was still in the public domain.

He observed that independent action could be taken against those portraying a particular character in a manner that might have hurt the sentiments of a community, but the whole play could not be prohibited from being staged on that pretext.

When the government pleader said the ban was imposed in response to representations made by the aggrieved community, Justice Praveen Kumar commented that many things had to be stopped if decisions were taken on such pleas.

Umesh Chandra P.V.G., counsel for the petitioner, argued that if a book was to be banned, it should be in accordance with Section 95 of the Criminal Procedure Code, and the Central Board of Film Certification was the competent authority to clamp down on a feature film.

In the present case, imposing a ban on the mere basis of representations struck at the very roots of artistic freedom, he asserted.

The government had banned the renowned stage play through G.O.Rt. No.7 issued by the Department of Youth Advancement, Tourism and Culture on January 17.

Mr. Ramakrishna Raju argued in his petition that the ban would militate against the fundamental Right to Livelihood which was inherent to the Right to Life and Personal Liberty enshrined under Article 21 of the Constitution.

In a separate hearing of a petition on the same matter filed by an artist A. Trinadh, Justice M. Ganga Rao wondered if a ban would be imposed on the famous play “Kanyasulkam” on similar grounds as it happened in the case of Chintamani.

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Printable version | Feb 3, 2022 1:45:20 AM | https://www.thehindu.com/news/national/andhra-pradesh/hc-banning-an-entire-play-due-to-bad-portrayal-of-a-character-unjustified/article38367067.ece

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