INDIBILITY CREATIVE PVT LTD & ORS. versus GOVT OF WEST BENGAL & ORS.

Citation: [2019] 5 S.C.R. 679 · Decided: 11-04-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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INDIBILITY CREATIVE PVT LTD & ORS.
v.
GOVT OF WEST BENGAL & ORS.
(Writ Petition (Civil) No. 306 of 2019)
APRIL 11, 2019
[DR DHANANJAYA Y. CHANDRACHUD AND
HEMANT GUPTA, JJ.]
Constitution of India – Arts. 19, 32 – Petitioners produced
Bengali film titled Bhobishyoter Bhoot, a social and political satire
about ghosts – Second petitioner-Director of the film received letter
on 11 Feb. 19, four days prior to its scheduled release on 15 Feb.
19, from the Joint Commissioner of Police (Intelligence), Special
Branch to arrange prior screening of the film by 12 Feb. 19, stating
that inputs were received “that the contents of the film may hurt
public sentiments which may lead to political law and order issues”
– Responded by second petitioner – First petitioner-Company,  co-
producer of the film, proceeded with the release of the film on 15
Feb. 19 – However, within a day of its release an overwhelming
majority of the exhibitors abruptly took the film off their screens –
Tickets were refunded to the viewers – Held: Police are not, in a
free society, the self-appointed guardians of public morality –
Uniformed authority of their force is subject to the rule of law –
Joint Commissioner was not unmindful of the fact that the film had
been slated for release within a few days of his communication in
theatres across the city of Kolkata and the State of West Bengal – If
there was any doubt over the entitlement of the producers to have
the film exhibited, it was laid to rest when the producers immediately
informed him of the film being CBFC (Central Board of Film
Certification) certified – Statutory authority to certify a film for
public exhibition is vested in the CBFC under the provisions of the
1952 Act – State Act  (s.6, 1954 Act) and the Central Act (s.13,
1952 Act) provide the conditions in which the State government, or
as the case may be, the central government (or a local authority)
may suspend the exhibition of a film, where it is likely to cause a
breach of the peace – Any order issued under the terms of these
statutory provisions is subject to statutory control as well as to the
   [2019] 5 S.C.R. 679
679
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SUPREME COURT REPORTS
[2019] 5 S.C.R.
supervisory jurisdiction of the High Courts u/Art. 226 or, as the
case may be, the original jurisdiction of this Court u/Art.32 –
Producer of a film certified by the CBFC needs to embark upon
meticulous arrangements including contracts for the exhibition of
the film – Wielding of extra constitutional authority is destructive of
legitimate expectations – Letter addressed by INOX to the producer
specifically mentions that they were directed by the authorities to
discontinue the screening in the ‘interest of the guests’ – This was
clear abuse of public power – West Bengal police overreached their
statutory powers – Several interim directions were issued to the State
of West Bengal, the Principal Secretary, Home and the Director
General of Police vide Supreme Court’s orders dtd. 15 March 19
and 25 March 19 – Confirmed – State restrained from taking
recourse to any form of extra constitutional means to prevent the
lawful screening of the film and to ensure that the properties of the
theatre owners who exhibit the film are duly protected as are the
viewers against attempts on their safety – As a consequence of the
pulling off of the film from the theatres, the petitioners have suffered
violation of their fundamental right to free speech and expression
and of their right to pursue a lawful business – A remedy in public
law for the grant of remedial compensation is required in the present
case – Respondents to pay to the petitioners Rs 20 lakhs as
compensation – Petitioners also entitled to the costs of the
proceedings quantified at Rs 1 lakh – Cinematograph Act 1952 –
ss.4, 5, 5A, 5B, 13 – West Bengal Cinemas (Regulation) Act 1954 –
s.6 – Public Law – Grant of remedial compensation.
Constitution of India – Art. 19(1)(a) – Right to freedom of
speech and expression – Exercise of – Duty of the State – Discussed.
The petitioners produced a Bengali film titled Bhobishyoter
Bhoot, a social and political satire about ghosts. Second petitioner-
Director of the film received letter on 11 Feb.19, four days prior
to its scheduled release on 15 Feb. 19, from the Joint
Commissioner of Police (Intelligence), Special Branch to arrange
prior screening of the film by 12 Feb. 19, stating that inputs were
received “that the contents of the film may hurt public sentiments

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