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The division bench in SC comprising of Justice DY Chandrachud and Hemant Gupta ordered the West Bengal Government to pay the compensation of rupees 20 Lakhs to the producer of the film named “BhobhishyoterBhoot”, which suffered unofficial ban in the state of West Bengal.
The facts of the case were that the film directed by AnikDatta contained the satirical content, which lampooned the political parties. While hearing, the plaintiff that is the Indibily Creative Pvt. Ltd. alleged that the state of West Bengal has misused it’s police power and acted as ‘super-censor’. Moreover, the producer also asserted that the state obstructed to his artistic expression, which is an intern, the part of the basic fundamental right. Even after UA certificate was obtained from CBFC.
Further, the producer of the film came to know about taking off on the 2nd day of the release of the film, as a consequence in the majority of cinema halls the viewers were refunded the price of their tickets. Moreover, when the director with his cast and crew reached Inox South City some local personnel informed that they were ordered by the higher authority to do so. Further, the various exhibitors informed them that the Station House officer has ordered them to stop the screening of the film by immediate efforts. Meanwhile, the hearing was going on the respondent was silent which clearly stated that it was their fault.
The SC after duly considering all the facts affirmed that time and again the cases have come up and the court is always of the view that once a film has been duly certified by CBFC, it is not on the discretion of any state government to screen the film or not. There is no choice with the state but to allow the producer to screen the film. Moreover, such actions of the state violate the fundamental right of Freedom of speech and expression.
Wherefore, Ubi jus ibiremedium is a maxim which says that where there is a right there is a remedy. In this case, the order of the division bench was in favor of justice, equity, and good conscience.
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