HC urges state to ensure peaceful exhibition of Kaala amidst fears of ban in Karnataka

The Karnataka High Court today passed an interim order granting the makers of the film Kaala the right to exhibit the movie without inconvenience, even as reports surfaced that the movie would be banned in the state..Wunderbar Films, as well as Dhanush and Aishwarya – the son-in-law and daughter respectively of the star of the movie, Rajinikanth – had filed a petition in the High Court fearing that the peaceful exhibition of the movie in Karnataka would be hampered..These fears stemmed from the reactions of locals to a statement made by Rajinikanth regarding the Cauvery water dispute between Karnataka and Tamil Nadu. Following these reactions, Chief Minister of Karnataka HD Kumaraswamy had reportedly said that he would look into the matter, leaving the June 7 release of the film under a cloud..Meanwhile, the Karnataka Film Chamber of Commerce – the sixth respondent in the petition – had gone on record to state that the release and distribution of Kaala would be banned in the state..The petition states that such action amounts to a violation of the fundamental right under Article 19(1)(a) of the film makers, especially in light of the fact that they had received a U/A certificate from the Central Board of Film Certification (CBFC) under Section 5B of the Cinematograph Act, 1952..Reference was also made to the Supreme Court’s decision in Viacom 18 Media Private Limited v. Union of India, wherein the Court held that state governments cannot prohibit exhibition of films in theatres on the ground of threat to public order, after the CBFC issues a certificate..The petitioners had also apprehended a danger to their safety, as well as that of the movie goers, in light of the fact that death threats were issued to those who supported the release of the film in Karnataka..Senior Advocate Dhyan Chinnappa, along with Chintan Chinnappa of Spectrum Legal, as well as MS Bharath of Anand & Anand, appeared for the petitioners before the High Court. The state government was represented by Additional Advocate General AG Shivanna..Appearing before the Bench of Justice G Narendar today, AAG Shivanna submitted that the state government was yet to take any decision regarding the ban on the film. He also said that the representation seeking protection for all involved was vague..Senior Advocate Chinnappa at this juncture stated that he would provide the respondents details of the places which were slated to exhibit the film, so that its release and exhibition could go on without incident..Therefore, the Court passed an interim order stating,.“If such information is furnished, it is the bounden duty of respondent No.1 – State and respondent Nos. 3 and 4 to initiate steps and measures to prevent any inconvenience to the movie goers and exhibition of the movie.”.The Court also issued notice to the CBFC, seeking its reply within ten days from today..Read the order:.Image taken from here.