The producers of the film “Kaala”, Wunderbar Films Pvt. Ltd. and its directors/shareholders, Mr. Dhanush K and Ms. Aishwarya filed a writ petition before the High Court of Karnataka in relation to the controversial ban on the release/exhibition of the film “Kaala” in the State of Karnataka owing to certain statements made by the lead actor Mr. Rajnikanth.
The Petitioners were represented by Senior Advocate, Mr. Dhyan Chinnappa, Mr. Chintan Chinnappa, Spectrum Legal and Mr. M.S. Bharath, Anand and Anand.
The Petitioners contended that the film had already received a U/A certificate from the Central Board of Film Certification under Section 5B of the Cinematograph Act, 1952. After being issued the said certificate, it is the fundamental right of the Petitioners under Article 19(1) (a) of the Constitution of India to exhibit the film. Such fundamental right of the Petitioners under Article 19(1)(a) cannot be curtailed or denied except by way of the reasonable restrictions mentioned in Article 19(2) of the Constitution of India. As a result, the State Government of Karnataka cannot issue notifications or orders prohibiting exhibition of film in theatres. In this regard, the Petitioners relied on the order of the Hon’ble Supreme Court in Viacom 18 Media Private Limited vs. Union Of India (Writ Petition(s)(Civil) No(s).36/2018).
Further, the Petitioners sought for a direction to the State Government and its Police Force to provide appropriate security wherever necessary to ensure uninterrupted exhibition/screening of the Film “Kaala”.
Upon hearing the parties, the Hon’ble High Court of Karnataka granted the Petitioners an interim relief of police protection as prayed, while directing the Petitioners to furnish the details with regard to the places of exhibition of the film and other information with regard to the organization of persons which are likely to prevent the exhibition of the movie. The High Court observed that it is the duty of the State and the Police Force to initiate steps and measures to prevent any inconvenience to the moviegoers and exhibition of the movie.
The matter has received extensive media coverage:
Pre Order coverage on the writ petition filed
https://scroll.in/latest/881443/rajinikanth-moves-hc-against-ban-on-kaala-in-karnataka
http://www.thehindu.com/news/national/karnataka/kaala-producer-moves-court/article24082359.ece
Post Order Coverage
https://www.business-standard.com/article/pti-stories/k-taka-hc-asks-govt-to-give-security-for-kaala-screening-118060500905_1.html
https://english.manoramaonline.com/news/nation/2018/06/05/karnataka-hc-asks-government-to-give-security-for-kaala-screening.html
Bar and Bench: https://barandbench.com/hc-urges-state-ensure-peaceful-exhibition-kaala-amidst-fears-ban-karnataka/
