The Supreme Court on Thursday, January 18, stayed the operation of orders banning the release of the film Padmaavat by the Gujarat, Rajasthan, Madhya Pradesh and Haryana governments, allowing for an all-India release on January 25.
Staying the "notifications and orders" banning the release of the controversial film by the four states, a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilklar and Justice D.Y. Chandrachud said that the remaining states will also not issue orders banning the screening of the film.
Referring to its earlier judgement, the court said that it was incumbent upon the state governments to ensure the maintenance of law and order and prevent any untoward incidents during the film's screening across India.
A bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud observed that the film was cleared by the Central Board of Film Certification (CBFC) with a U/A certificate for an all-Indian screening after keeping in mind the provisions of the Cinematograph Act, which prohibits scenes that denigrate women.
It upheld the petitioners' contention that the film formed a part of the filmmaker's freedom of speech and expression guaranteed under Article 19 of the Constitution.
It said that cinemas are an inseparable part of the right to free speech and expression through the medium of celluloid.
Appearing for the film's director Sanjay Leela Bhansali, senior advocate Harish Salve took advantage of a 2011 judgment of the SC that allowed the screening of Prakash Jha's controversial film Aarakshan.
The matter was posted for further hearing on March 26.
The apex court heard a plea by the film's makers against the governments of Gujarat, Madhya Pradesh, Rajasthan and Haryana, which had banned the film's release, even after it cleared by the Central Board of Film Certification (CBFC).
The petitioners had accused the state governments of bowing down to fringe groups.
Groups like the Rajput Karni Sena allege that the film distorts the story of Queen Padmini of Mewar, and have been protesting its release for months.
In fact, members of the Karni Sena on Tuesday, January 16, attacked a Madhya Pradesh school after students performed on one of the songs from the film. This was followed by comments from the state's home minister that people found playing the film's songs "will be reported to police."
The court order came on the plea by the producers of the film—Bhansali Productions and Viacom18 Motion Pictures—challenging the ban on the screening of the film by the Gujarat, Rajasthan and Haryana governments.