KODUNGALLUR FILM SOCIETY & ANR. versus UNION OF INDIA & ORS.

Citation: [2018] 12 S.C.R. 695 · Decided: 01-10-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off

Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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KODUNGALLUR FILM SOCIETY & ANR.
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 330 of 2018)
OCTOBER 01, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
Constitution of India: Art. 32 – Eruption of mob violence,
protests and demonstrations across the nation in the recent past,
against cultural programmes and establishments – Resulting in
damage to public and private properties arising out of such violence
– Submission that law and order problems arose out of the release
of several films, especially film Padmaavat – PIL seeking issuance
of directions to the respondents to strictly follow and implement the
guidelines formulated by this Court in In Re: Destruction of Public
and Private Properties case to prevent destruction of public and
private properties in mass protests and demonstrations – Held: These
acts of violence highlight a deeper malaise, one of intolerance
towards others‘ views which then results in attempts to suppress
alternate view points, artistic integrity and the freedom of speech
and expression guaranteed by the Constitution – Nobody has the
right to become a self-appointed guardian of the law and forcibly
administer his or her own interpretation of the law on others,
especially not with violent means – Dispensation for preventing
occurrences of such crimes or remedial measures and punitive
measures would vest in the same police in the State – Therefore,
comprehensive structure to be evolved in the respective States so
that the issues of accountability and efficiency in curbing incidents
of peaceful protests turning into mob violence, causing damage to
property including investigation, remedial and punitive measures,
are duly addressed – Dispensation can be similar to Tehseen
Poonawalla case – Recommendations in addition to In Re Destruction
of Public and Private Properties case, issued under the following
heads: structural and preventive measures, remedies to minimize
the impending mob violence, liability of person causing violence,
responsibility of police officials and compensation – Central and
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[2018] 12 S.C.R. 695
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SUPREME COURT REPORTS
[2018] 12 S.C.R.
State governments to implement the recommendations within the
stipulated period.
Disposing of the writ petition, the Court
HELD: 1.1 There is a disconcerting rise in the protests
and demonstrations by private entities targeting, amongst others,
exhibition of films and social functions and including sections of
people, on moral grounds, in particular, using threats and actual
violence. In addition to being patently illegal and unlawful, such
acts of violence highlight a deeper malaise, one of intolerance
towards others‘ views which then results in attempts to suppress
alternate view points, artistic integrity and the freedom of speech
and expression guaranteed by the Constitution of India. Indeed,
the people who perpetrate such actions, especially against private
parties, do so without fear of consequence and reprisal, probably
believing that private parties do not have the wherewithal to hold
them accountable for such actions. In such situations, the State
must step in and perform its duty by taking measures to prevent
such actions from occurring in the first place, ensuring that law-
enforcement agencies exercise their power to bring the guilty
parties to book and imposing time-bound and adequate
punishment for any lapses. This Court has time and time again
underscored the supremacy of law and that one must not forget
that administration of law can only be done by law-enforcing
agencies recognised by law. Nobody has the right to become a
self-appointed guardian of the law and forcibly administer his or
her own interpretation of the law on others, especially not with
violent means. Mob violence runs against the very core of our
established legal principles since it signals chaos and lawlessness
and the State has a duty to protect its citizens against the illegal
and reprehensible acts of such groups. [Para 7] [723-C-D; 724-
A-D]
1.2 There is a broad consensus that the recommendations
made and directions given in In Re: Destruction of Public and
Private Properties case, at paragraph 3 are comprehensive to deal
with the issue of large-scale destruction of private and public
properties which unwinds during violent protests and
demonstrations. The Committee‘s recommendations noted in the
said judgment traverse the length and breadth of the issue at
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hand and, if

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