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Indibily Creative Pvt. Ltd. & Ors. v. Govt. of West Bengal & Ors.

Writ Petition (Civil) · 2019 INSC 517Decided 11 Apr 2019
Writ Petition (Civil) No. 306 of 2019
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

The producers of a certified Bengali film, "Bhobishyoter Bhoot," found that days before its release the Kolkata Police's Intelligence Unit pressured them for an advance private screening over vague fears of "law and order" issues, even though the Central Board of Film Certification (CBFC) had already cleared the film. Despite proceeding with release, the film was pulled from the vast majority of Kolkata theatres within a day, with several exhibitors reporting that local police had told them to stop screening it or face consequences. The producers approached the Supreme Court directly under Article 32, alleging the State was acting as an unlawful "super-censor" in violation of their fundamental rights to free speech and to carry on business.

Decision Breakdown

The Supreme Court held that once CBFC has certified a film for public exhibition, it is not open to any state authority to obstruct its screening through informal pressure or without using the specific legal powers (such as those under the Cinematograph Act or West Bengal's cinema regulation law) meant for that purpose, and West Bengal admitted it had not invoked any such formal power. The Court found the police had acted wholly outside their lawful authority and had effectively used extra-constitutional means to suppress the film, violating the producers' and viewers' fundamental right to free speech. It confirmed its earlier interim directions protecting the film's screening, directed the State to pay the producers Rs. 20 lakh as compensation for the violation of their fundamental rights, plus Rs. 1 lakh in costs, and allowed the writ petition.

Lesson Learnt

Once a film is legally certified for public viewing, the police or state government cannot informally pressure cinemas into pulling it by invoking vague "law and order" concerns: any restriction must follow the specific law that allows it, with due process. Citizens whose fundamental rights are violated by such unlawful state action can seek, and receive, monetary compensation directly from the Supreme Court.

Official source (sci.gov.in)View Judgment (PDF)

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