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The Supreme Court on Friday directed the West Bengal Government to ensure that the screening of the film "Bhobishyoter Bhoot" takes place without unlawful obstruction.
This interim order was passed by the bench of Justices D Y Chandrachud and Hemant Gupta while issuing notice to WB Government on a petition by the producers of the film complaining that the film was taken off from the theatres following an 'unofficial ban' by the Government.
It has been held by the Hon’rable Court that once a film has been duly certified by CBFC, it is not open to any authority either of the State Government or otherwise to issue formal or informal directions preventing the producer from having the film screened. Such actions of the State directly impinge upon the fundamental right to the freedom of speech and expression.
The film is directed by Anik Datta which ran into controversy due to its satirical content lampooning political parties. The Petetioner alleges that the State of West Bengal is misusing police power and acting as a "super-censor". It essentially asserts that such obstruction to the exhibition of the movie violates its rights, as it had duly obtained a UA certificate for the movie from the Central Board of Film Certification (CBFC). The petitioner informs the court that it had received a letter from the State Intelligence Unit (SIU) of Kolkata Police asking for a pre-screening of the film for senior officials of the Intelligence Unit of the Kolkata Police.
Without any communication from the exhibitors, the producers came to know on day two of the film's release that it had been abruptly taken off majority of cinema halls and viewers were being refunded the price of their tickets.
The petitioner's representation to the Eastern India Motion Pictures Association and a communication seeking explanation from the Kolkata Police Commissioner did not garner any positive response as well.
Petitioners urged the State to uphold the Rule of Law and Right to Freedom of Speech and Expression, and not to be seen to be doing the very opposite, but the Government of West Bengal has maintained a stony silence that does little to conceal its obvious interference which is apparent in light of its prior communication through its State Intelligence Unit and the remarkably organized / concerted removal of the large-scale unlawful removal of the Film from the cinema halls in Kolkata", states the petition filed by Advocate Rukshana Choudhury.
Alleging violation of their rights under Articles 14, 19(1)(a), 19(1)1(g) and 21 of the Constitution of India, the petition then seeks urgent redress from the Apex Court, demanding unhindered exhibition of the film.
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