VidhiSangh

Supreme Court of India · 11/04/2019

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

[2019] 5 S.C.R. 679 · 2019 INSC 517

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Summary

West Bengal police unlawfully obstructed exhibition of a CBFC-certified political satire through informal pressure on cinemas, without invoking statutory powers. The Supreme Court held that artistic freedom and the audience’s right to receive expression require both State restraint and positive protection against intimidation. It restrained extra-constitutional interference, confirmed protective directions, and awarded Rs 20 lakh public-law compensation and Rs 1 lakh costs for the violation of expression and lawful-business rights.

Issues

  1. Whether informal police interference with a certified film violated fundamental freedoms.
  2. Whether the State had a positive duty to protect lawful exhibition and audiences.
  3. What constitutional remedies were appropriate.

Provisions considered

Held

Result

Writ petition allowed. Earlier directions confirmed and mandamus issued against extra-constitutional obstruction, with protection for theatres and viewers. Respondents directed to pay Rs 20 lakh compensation and Rs 1 lakh costs within one month.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 679.