Can't sit in judgment over art: Supreme Court refuses to modify order allowing release of film Mahaprabhu Jagannath

The Supreme Court on Wednesday dismissed applications filed by the Odisha government and the Shree Jagannath Temple Administration seeking modification of its earlier order permitting the nationwide release of the animated film Mahaprabhu Jagannath.

A Bench of Justices BV Nagarathna and R Mahadevan held that it was not inclined to modify its July 17 order, which had allowed the film's nationwide release on or after July 28, after the conclusion of the Jagannath Rath Yatra.

Today's applications were taken up after a hearing on Tuesday, when the Bench had questioned whether an animated depiction of Lord Jagannath would diminish devotees' faith.

Appearing for the Temple Administration, Advocate General (AG) of Odisha Pitambar Acharya argued that the release order was based on a certificate granted by the Court that remained reviewable. He added that the temple committee had separately approached the Central Board of Film Certification (CBFC) with objections over the film's fictionalised narrative, while the Odisha government had written to the Union government on the issue.

The AG further pointed out that the filmmaker had agreed to delete only one portion, maintaining that the film was purely fictional.

Justice Nagarathna was unpersuaded. She observed that entertaining such sensitivities at the instance of "two-three people" filing writ petitions could force the Court into banning all art and literature concerning Hindu gods and goddesses.

"If you want we will pass an extreme order...we will say there shall be no creativity, no literature," she said, adding that every place has its own retelling of stories such as the Ramayana and the Mahabharata and that the film was meant for children.

Following the dismissal, the AG submitted that the Odisha or Union government could still take an independent decision on the matter.

Justice Mahadevan asked counsel for the producers why they would not agree to the corrections sought.

Senior Advocate Devadatt Kamat, appearing for the producers, denied that any such agreement had been reached and pointed out that committee members had walked out of the special screening. He said,

"I would be the last person if deity is shown in derogatory manner. It's about a child who is praying."

Justice Nagarathna told the producers,

"If you feel like something which you want to edit, you can edit...We cannot sit in judgment over art."

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