The Kerala Story movie has been released elsewhere; West Bengal not different: Supreme Court notice to WB in plea against ban

The Supreme Court on Friday sought the State of West Bengal's response in a plea challenging the State's decision to ban screening of the film The Kerala Story [Sunshine Pictures Pvt Ltd and anr vs Union of India]..The Court also sought a reply from the State of Tamil Nadu which, as per the movie makers, has imposed a defacto ban. A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha orally remarked that the movie had been released in the rest of the country and West Bengal was not different. "Film has released in different parts of the country. West Bengal is not a different ... If it has been released elsewhere then? It is running in different parts with similar demographic profile as West Bengal. And this has nothing with its cinematic value, it may be good or bad," the bench said. .The Court further stated that it would not pass any order without hearing all parties first and thus, sought the response of West Bengal and Tamil Nadu. The case will now be heard on May 17, Wednesday..The top court was hearing a plea filed by the makers of the movie challenging the decision of the West Bengal government to ban screening of the movie in the State and also assailing the de facto ban by Tamil Nadu..During the hearing today, Senior Advocate Harish Salve appearing for the filmmakers said that the petitioners were seeking quashing of the West Bengal order.Further, he also sought directions for protection in Tamil Nadu. Ameet Naik and Madhu Gadodia are representing the filmmakers..Appearing for the State of West Bengal, Senior Advocate AM Singhvi argued that the court has in similar cases asked petitioners to move the High Court in similar pleas. Therefore, the same ought to be done in this case. "We have received huge number of intelligence reports," he added. The Court, however, orally remarked that the movie has been screening in other States including places with similar demographic profile as West Bengal and hence, West Bengal cannot claim to be any different. .The Kerala Story is a Hindi film about a group of women from Kerala who join ISIS. The film was released on May 5..Even before its release, the film invited criticism from several quarters. In Kerala, the ruling CPI(M) and the opposition Congress party alleged that it is a propaganda movie promoting a fake narrative and an agenda of right wing organisations..The West Bengal government had, on May 8, ordered an immediate ban on the screening of the controversial film in the State to avoid “any incident of hatred and violence”..The plea besides challenging the ban, also challenged the Constitutionality of Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954 under which the West Bengal government issued the order banning the film.The West Bengal order stated that the public exhibition of the film “is likely to cause breach of peace” and that an order under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954 prohibiting the exhibition of the film in the State was required to be passed “to avoid any incident of hatred and violence in order to maintain peace and law and order situation in the State”. The plea before the top court also pointed out that the State of Tamil Nadu had issued an “alert” anticipating protests in connection with the release of the film, due to which theatres in the State withdrew the film.This, it was stated, amounted to a defacto ban..The Kerala High Court had, on May 5, refused to stay the release of the film. A bench of Justices N Nagaresh and Sophy Thomas, after watching the teaser and the trailer of the movie, determined that it did not contain anything against Islam or Muslims as a whole but was about terrorist organsiation Islamic State of Iraq and Syria (ISIS)..An appeal against the same is pending before the top court and will be heard on May 15, Monday.Notably, a slew of petitions were filed before various courts in the country against the movie.The Madras High Court on May 4 rejected a public interest litigation (PIL) seeking a ban on the movie on the ground that the Kerala High Court was already hearing a similar challenge and that the petitioner had approached the Court at "the last hour".The Supreme Court also refused to interfere with the release of film or to pass any other orders earlier..[Read our live-coverage of the hearing below].[Read order]