In a great relief to those who uphold free speech, the Supreme Court on Thursday, June 19, directed the Karnataka Government to provide full protection for the screening of "Thug Life," the new film starring actor-politician Kamal Haasan.
The movie was set to open in Karnataka on June 5, but it was mired in controversy over Kamal Haasan's comment about the Kannada language being "born out of Tamil." "The remark, at an event in Chennai, led to anger among various pro-Kannada groups.
They demanded an unconditional apology from Kamal Haasan, but he stood his ground. He argued that his comment had been misunderstood, and while he respected the Kannada language, he held his fundamental right to freedom of speech and ex
Various Kannada groups called for the boycott of Kamal Haasan's films, and Thug Life was not released in Karnataka. The Supreme Court severely criticised the State of Karnataka for allowing the mob rule to take over and stop the release of the film in Karnataka.
The State of Karnataka assured the Supreme Court that it would provide protection to the filmmakers, ensuring that the film's release is not obstructed by vigilante groups.
A bench comprising Justice Ujjal Bhuyan and Justice Manmohan accepted the state's affidavit. "In view of the stand taken by the state in the affidavit, it is not necessary to delve into the rival contentions ...The affidavit also discloses in the event the movie is released, the state will provide full protection and security for the same...We direct the state that in the event anybody tries to forcibly obstruct the release of the movie, the state shall act promptly against such groups."
The Supreme Court passed an order on a petition filed by Bangalore resident M. Mahesh Reddy, who pointed out that despite having a valid Censor Board Certificate, the film Thug Life was effectively banned in Karnataka due to threats by fringe organisations and inaction by State authorities.
His counsel, A. Velan, urged the bench to lay down some guidelines to prevent such incidents from recurring in future. However, the Court declined to issue any such guidelines. However, the bench reiterated that the state cannot bow to pressure from vigilante groups in such matters.
"Just because of an opinion, a movie is stopped, a stand-up comedian is stopped, a person is stopped from reciting a poem ...You (the state) succumbed to their pressure. In such circumstances, the state has a duty. Simply saying a ban is not imposed will take it nowhere. You are hiding behind these groups. In India, there will be no end to hurt sentiments. Stand-up comedian says something, everybody is hurt, and then there is vandalism. Where are we heading?" The Court wondered.
The petition before the Supreme Court stated that after Victory Cinema announced its plan to screen the film in Bangalore, Karnataka Rakshana Vedike (KRV) President TA Narayana Gowda allegedly threatened to "set theatres on fire" if any film by Haasan was released in the state.
Around the same time, a social media post explicitly called for a repeat of the 1991 anti-Tamil riots and warned of violence if the film were to be released in the state. No cases were registered despite widespread public outcry over the tweet and the alleged threats, the petition said. Based on the petition, the Supreme Court had last week issued a notice to the State of Karnataka.
The Supreme Court at that time also transferred the case related to the screening of Thug Life, filed by Raaj Kamal Films, Kamal Haasan's production house, from the Karnataka High Court to itself. The Karnataka High Court, while hearing the petition, had criticised Haasan for his remarks and urged him to apologise to settle the matter. However, Haasan refused to apologise, saying that he had not said anything with malicious intent. Senior advocate Satish Parasaran represented the Production House in the Supreme Court on Thursday.
Senior Advocate Sanjay Nuli, representing Karnataka Sahitya Parishad, argued that "language is a very sensitive subject and that Haasan should not have made such an 'irresponsible' statement ... The movie should be screened subject to an apology by the actor," Nuli said.
To which the Court replied, "There is no question of apology ... you confront his statement with your own research. Counter him. Instead of creating such a situation, you file a defamation suit. You cannot take law into your hands. You must make a statement that you will not object the release in any unlawful manner," the Court said.
Despite the Supreme Court ruling, it is unlikely that the film will be screened in Karnataka because the distributor has reservations. Venkatesh Kamalakar, who had acquired the Karnataka distribution rights under VR Films, said he would not release the film in Karnataka.
"We had taken the distribution rights for the film but could not release it because of the controversy and threat of violence... It is already two weeks since the film was released, and it is underperforming everywhere. Collections are falling, and multiplexes are not enthusiastic. They are now offering 30 per cent of what we originally expected."
"If the production house wants to distribute the film through another distributor, they can do so, but they can do it only if they settle the issue with us," he added.