People have their right to freedom of expression, Madras HC dismisses PIL against Mersal

A Division Bench of the Madras High Court, comprising of Justices MM Sundresh and M Sundar made some pertinent observations regarding the freedom of speech and expression while dismissing a petition filed against the exhibition of certain scenes in the Tamil film Mersal..Party-in-person, Advocate A Ashwathaman had taken objection to certain scenes in the movie that were critical of the current GST regime contending that they are against the interests and sovereignty of the nation..At the outset, the court emphasized that the movie is an extension of the right to free speech and expression under the Constitution, which is available to all. In response to various submissions made, the court orally observed that the subject of dispute is nothing more than something for movie goers to look at in their own perspective..It was pointed out that the petitioner had failed to demonstrate the contravention of any law in the matter. Justice Sundresh remarked,.“You may have a view. I may have a view. We’re here to decide the law. Please tell us the legal provision that has been violated.”.As the petitioner persisted in trying the make a case that the criticism of the GST regime in Mersal would be detrimental to the nation’s interests, the judge pointed out that the Leader of Opposition in the State had also slammed the demonetization policy as per newspaper reports. The judge wondered,.“Can the court pass a gag order against him from making such statements? This is a democracy, and people have their right to freedom of expression…”.He pointed out that it was the same freedom that was allowing the petitioner to speak before the Bench..The Court indicated that the petitioner may do well to take up campaigns against other pressing issues such as alcoholism, women’s safety, smoking and drugs if he truly wants to act in public interest..The court also noted that the competent authority had given due clearance for the exhibition of the movie before proceeding to dismiss the petition for lack of merit..Click here to download the Bar & Bench Android App