Giving the go ahead for the screening of Amitabh Bachchan starrer Aarakshan in Uttar Pradesh, the Supreme Court today quashed the ban imposed by the state, saying public discussion and dissent are necessary in a vibrant democracy.
A bench of Justice Mukundakam Sharma and Justice AR Dave lifted the state's two-month ban on the film in UP holding that the restriction would go against the democratic value of free speech and expression.
Though UP government defended its decision, Punjab and Andhra Pradesh, which had also stopped the film's release, told the court that they have already decided to permit its screening.
"In a democracy, particularly in a vibrant democracy like ours, public discussion is necessary for its smooth running," said the bench.
"In fact, such discussions bring awareness on social issues for effective working of the democracy. In fact, when there is such public discussion and dissent there would be a informed public opinion which is necessary for our society," observed justice Sharma, while writing the order.
The apex court passed the order while upholding the writ petition filed by film maker Prakash Jha challenging the decision of UP, Punjab and Andhra Pradesh. to suspend the screening of the film.
The apex court rejected counsel for UP, UU Lalit's argument that the film's screening would lead to breach of peace and affect the law and order in the state.
Lalit argued that the state was empowered to suspend the screening in the interest of law and order, even if the film has been okayed by the Central Board of Film Certification (CBFC).
The bench said the film has already been screened in all other states, including those which are considered to be "sensitive" to such feelings.
"It is for the state to maintain law and order. It shall maintain law and order effectively and in a meaningful manner," the bench observed while directing the state to permit screening of the movie.
The apex court agreed with views of senior counsel Harish Salve, appearing for the producer, that the state can suspend the screening of a film only in extraordinary cases. The bench said the power of pre-censorship is vested with the CBFC alone.
Hence, it said, the high level committee constituted by the State government, which viewed the film and directed deletion of certain scenes, had exercised a power which was not vested with it.
Additional Solicitor General AS Chandhioke, appearing for the Centre, endorsed Salve's view that the censorship powers was vested with the CBFC alone and any state having grievance over the contents of the film can seek a review of the certificate only by approaching the board which is a quasi-judicial authority.
