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
- Whether informal police interference with a certified film violated fundamental freedoms.
- Whether the State had a positive duty to protect lawful exhibition and audiences.
- What constitutional remedies were appropriate.
Provisions considered
- Section 5B, Cinematograph Act, 1952Certification operates within statutory criteria; police could not substitute informal censorship for that statutory framework. (¶ 16)
Held
- The police demand for advance private screening exceeded legitimate authority. The film’s abrupt withdrawal, supported by the exhibitor’s communication concerning official directions, established abuse of public power despite the absence of a formal ban. (¶¶ 9, 12, 16–17)
- Freedom of expression protects artistic criticism, satire and unpopular views, subject to constitutionally permissible restrictions through law. The judgment recognised statutory suspension powers and judicial supervision; the defect here was interference outside any lawful exercise of those powers. (¶ 13–16)
- Article 19 entails positive protection as well as restraint. The State must preserve conditions for lawful expression and protect theatres and audiences against organised intimidation rather than allow a hostile group to silence speech. (¶ 18–19)
- The interference violated expression and lawful-business rights through State acts and, in any event, failure to protect them. Public-law compensation was warranted in addition to preventive and protective directions. (¶ 19–21)
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.