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The Supreme Court today ordered the Government of West Bengal to ensure that the screening of the film "Bhobishyoter Bhoot" unfolds without unlawful interference.
This interim order was pbaded by judges DY Chandrachud and Hemant Gupta while she notified the WB government of a petition from the producers of the film complaining that the film had been removed from the theaters as a result of. an "unofficial ban" of the government.
The Court stated:
"Time and time again, in decisions of this court, it was held that once a film had been duly certified by the CBFC, it was not open to any government or state authority, otherwise giving formal or informal instructions preventing the producer from viewing the film.These state actions directly undermine the fundamental right to freedom of speech and expression "
The film directed by Anik Datta was controversial because of its zany satirical content political parties.
In its motion, Indibily Creative Pvt Ltd alleges that the State of West Bengal abuses the power of the police and plays the role of "super censor". It essentially states that such an impediment to the broadcast of the film constitutes a violation of his rights, to the extent that he had duly obtained an AU certificate for the movie Central Film Certification Board (CBFC) .
The petitioner informs the court that he has received a letter from the State Intelligence Service (SIU) of the Kolkata Police requesting a pre-selection of the film for senior officials of the Kolkata Police Intelligence Service. The letter allegedly claimed that it was because "the content of the film could hurt public feelings that could lead to political problems". In this regard, the petitioner badured the state police that CBFC had already considered such concerns when issuing the certificate.
Nevertheless, without any communication from the exhibitors, the producers learned on the second day of the film's release that the majority of the movie theaters had been withdrawn abruptly and that viewers were being reimbursed for the price of their tickets. The local staff and the director, along with some cast members and the team who visited Inox South City, were informed that unnamed "higher authorities" had ordered them to remove the film. day. The petition claims to have been informed by several exhibitors, under the guise of anonymity, that the police station officer at the local police station had ordered them to stop viewing the film with immediate effect.
The petitioner's representation with the Eastern India Motion Pictures Association and a communication requesting an explanation from the Kolkata Police Commissioner also received no positive response. The petitioner claims that this silence reveals the state's participation in the making of his film,
"The petitioners urged the state to respect the rule of law and the law freedom of speech and expression, on the contrary, but the Government of West Bengal has maintained a stony silence that does not hide its obvious interference, which is evident from its earlier communications through of his state intelligence service and the remarkably organized / concerted suppression of the great-illegal removal of the film from Kolkata's movie theaters " indicates the petition filed by lawyer Rukshana Choudhury.
The petitioner points out that only two remote rooms in West Bengal present the film. She therefore alleges that there has been a violation of her right to freedom of speech and expression and of the right to occupation by the state apparatus, " … the film remains illegally barred from being exhibited in Kolkata in cinemas in areas under the jurisdiction of Kolkata Cheeky and retrograde police officers, deliberately avoiding any written order, in deliberate, deliberate and deliberate violation of decisions of the Supreme Court and all the principles and provisions of the law. "
Alleging the violation of their rights under Articles 14, 19 (1) (a), 19 (1) (g) and 21 of the Indian Constitution, the motion then seeks an urgent recovery of the Apex Court, demanding an unhindered exposure of the film.
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