Supreme Court allows release of animated film Mahaprabhu Jagannath after Rath Yatra

The Supreme Court on Friday permitted the nationwide release of the animated film Mahaprabhu Jagannath on or after July 28, after the conclusion of the annual Lord Jagannath Rath Yatra festivities [Ele Animations Pvt Ltd v. Mahesh Kumar Sahu].

The Court was hearing an appeal by the film's producers against an interim order of the Orissa High Court that had effectively halted the film's nationwide release by restraining its scheduled July 17 release.

The High Court had held that the film's release during the Rath Yatra could hurt religious sentiments and potentially disturb public order.

The filmmakers challenged this interim order before the top court.

A Bench of Justices BV Nagarathna and R Mahadevan noted that the Rath Yatra would continue till July 27. The Bench, therefore, permitted the film to be exhibited on or after July 28.

"We permit the film to be exhibited on or after 28th July," the Court said.

The Court also recorded that the Central Board of Film Certification (CBFC) had cleared the film for public exhibition after considering the relevant statutory parameters.

It further noted the filmmaker's submission that a television series based on the same subject had already been exhibited on YouTube.

The controversy began after the teaser of the film drew objections from the Shree Jagannath Temple Administration and others over certain depictions in the film.

The producers subsequently screened the film before the Temple Administration and the Gajapati Maharaja of Puri, where they were asked to make changes to certain scenes.

The producers nevertheless scheduled the film for release on July 17, allegedly without incorporating those changes.

A public interest litigation (PIL) petition was thereafter filed before the Orissa High Court seeking revocation of the film's CBFC certificate and a direction restraining its release.

While granting interim relief, the High Court observed that freedom of speech had to be balanced against the restrictions under Article 19(2) of the Constitution.

It further observed that releasing the film during the Rath Yatra could be counterproductive and restrained its release on July 17.

Aggrieved by the interim order, the producers approached the Supreme Court.

During the hearing before the top court, Justice Nagarathna questioned the basis of the objections raised against the film.

"We want to know how, by an animation film, how the devotion of the writ petitioners comes down? It will not come down," she remarked.

Senior Advocate Devdatt Kamat, appearing for the filmmakers, argued that bookings had already been made in nearly 300 theatres and postponement of the release would cause substantial losses.

Representing the State of Odisha, Solicitor General Tushar Mehta submitted that objections had been raised to certain depictions in the film.

"There was request because of the sensitivity involved.. The traditional heads found certain parts to be objectionable.. The way the lord is shown fighting... There are certain issues. Trustees and the Gajapati saw the film and suggested some changes," Mehta submitted.

After considering the rival submissions, the Court permitted the nationwide release of the film on or after July 28, noting that the Rath Yatra would conclude on July 27.

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