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Justice G Narendar issued the direction on the basis of a Supreme Court order, which had stayed ban orders imposed on the release of Sanjay Leela Bhansali’s film ‘Padmaavat’ by four states, including Rajasthan, early this year.
“Freedom of speech and expression, particularly as a medium of expression in films, cannot be curtailed. The creative content is an insegregable aspect of Article 19(1)(a) of the Constitution,” the judge said, citing the Supreme Court verdict on the release of the film ‘Padmaavat’.
Miffed with Rajinikanth’s reported comments that whichever government comes to power in Karnataka should implement the Supreme Court order on Cauvery water sharing in toto. The Karnataka Film Chambers of Commerce had on May 29 decided not to allow screening of ‘Kaala’, due for release on June 7.
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Justice Narendar today also issued the direction to the government after Additional Advocate General A G Shivanna said there was no ban imposed on the release of ‘Kaala’ and the government is prepared to give security to exhibitors if they furnished details.
Justice Narendar, however, observed that he cannot make it mandatory on exhibitors to screen the film.
The court was hearing a petition by Kaala’s producer K Dhanush and his wife Aishwarya, who sought directions to the Karnataka government and the KFCC for the smooth release of the film. They had made the state government, home department, state police chief, Bengaluru city police commissioner, Central Board of Film Certification and KFCC as respondents in their plea.
‘Kaala’ is scheduled for a worldwide release on June 7, but the KFCC had said the film would neither be distributed nor screened in the state.
During the hearing, Dhanush’s counsel Chintan Chinnappa argued that it is the fundamental right of the petitioners under the Constitution to exhibit the film.
“After receiving CBFC certification under Section 5B of the Cinematograph Act, 1952, for the release, it is the fundamental right of the petitioner under Article 19(1) of the Constitution to exhibit the film,” he said.
Chinnappa also said several pro-Kannada outfits had made representations to Chief Minister H D Kumaraswamy, requesting a ban on Kaala following Rajinikanth’s alleged views on the Cauvery dispute.