Thread by @barandbench

#SupremeCourt to hear petitions challenging the Kerala HC order which had declined to stay the release of the movie #TheKeralaStory.. SC will also hear plea by the filmmakers challenging the ban on the movie in West Bengal and a de facto ban in Tamil Nadu

Sr Adv Kapil Sibal: you must take some time and watch this for sometime. Every movie is subject to Article 19(2)

Adv VK Biju: I appear for a group in West Bengal and I want to watch the movie...

Sr Adv Harish Salve: let me open my article 32 plea

#TheKeralaStory

CJI: Keep the arguments short since we want to rise at 1 pm

Salve: see the affidavit of West Bengal to avoid incidents of violence etc.. please see the counter reply filed by west bengal para 20... #TheKeralaStory

Salve: the counter makes a very interesting reading.. there is a report of an IB officer.. then there is a chart over the page.. counter says an officer watched movie and presumed that there may be law and order situation after the movie is shown.. another found it as hatred...… twitter.com/i/web/status/1…

Salve: there is nobody in maharashtra challenging it and WB govt is worried that incident is there in maharashtra.. Cites akola violence.. #thekeralastory

Salve: In Aarakshan's case these are for pro tem orders to cool things down and you cannot sit in appeal for censor certificates. #TheKeralaStory

Salve: then Tamil nadu says security has been given to theatres.. they say that theatre owners stopped showing since there was lack of reception from the public.. let me nail this lie rightaway... movie has gaine dmuch publicity due to the word of mouth #thekeralastory

CJI: For WB you want a stay in the order and Tamil nadu?

Salve: for Tamil Nadu all security to be given and no instructions should go formally or informally to not screen the movie. The ban order plea can be decided today and challenge to the certification can be heard today or… twitter.com/i/web/status/1…

CJI: There is a farewell by Registrar to the outgoing judges. we will come back at 2 pm #TheKeralaStory

Sr Adv Harish Salve takes the bench through a series of judgments

CJI DY Chandrachud: see this play.. we were sitting at 9 pm as a vacation judge of the Bombay HC and had lifted the stay on the play #TheKeralaStory

Salve: you cannot just have liberal thoughts or a trend of thoughts.. that is the heart of the matter #TheKeralaStory

Salve: art has to be provocative and so has been held by this very court and this court has always maintained that it is state who has to maintain law and order and that cannot be the reason to pull off the film #TheKeralaStory

Dr AM Singhvi appears for WB and Sr Adv Gopal S appears for West Bengal police: one para of the judgment he did not read was para 49.. I will go in reverse order... do not have a public exhibition of public emotions

CJI: But it is your duty to maintain law and order.. there is a… twitter.com/i/web/status/1…

CJI: Section 6 cannot be used to put a premium on public intolerance.

Justice Narasimha: we have also seen the affidavit.

#TheKeralaStoryMovie

Singhvi: this is a public order power and a preventive power... the movie ran from may 5 to may 8.. we did not stop. there was no threshold prohibition... all cases cited are before the screening done.. now we will show you intelligence reports... Ms Vrinda Grover even asked for… twitter.com/i/web/status/1…

Singhvi: disclaimer says filmmaker has taken cinematic liberty and that the film is fictionalised and dramatised portrayal of events which is true.. is this a disclaimer?

CJI: It has released everywhere in the country?

Singhvi: WB demographic profile is very different...

CJI… twitter.com/i/web/status/1…

Singhvi: see the teaser which has removed

CJI: Fundamental right to free speech cannot be determined on the basis of public display of emotion.. the public display of emotion has to be controlled.. you do not like it. do not watch it. #TheKeralaStoryMovie

Singhvi: they had first submitted that the movie is based on 32,000 witness statements.. in reality it was only three. then reports were sent to the police officials and such disturbances and then intelligence units had also informed.. our objection is not to OTT.. our objection… twitter.com/i/web/status/1…

Sr Adv Gopal S appears for the WB police: if Mr Salve's client says it is fictional and that 32,000 is not the figure then state will have no problem... state cannot turn a blind eye to the person who has 7 million followers tweeting such things #TheKeralaStoryMovie

Sr Adv Gopal S: Firoz Iqbal khan case regarding Sudarshan TV case.. please see para 11 of the order where CJI Chandrachud noted that if pre broadcast injunction has to be issued.. intent and object was to vilify the Muslim community.....

now if we permit these propaganda films… twitter.com/i/web/status/1…

CJI: As much as we protect free speech you cannot vilify a community...

Salve: there is no authentic figure available...

CJI: but the complaint says 32,000 girls are missing

Salve: i will clarify in the disclaimer that there is no authentic figure

Sr Adv Sibal: they say… twitter.com/i/web/status/1…

Sr Adv Sibal: please see the discussion of the maulvis etc.. it shows absolute malafide intention to viligy the muslim community... says its true event .. then it shows muslim men speaking to lure hindu woman, impregnant them and then send them to Syria. what are we doing to this… twitter.com/i/web/status/1…

Bench discusses #TheKeralaStory

CJI: Kerala has not granted stay... but Madras we have to deal with it

Sibal: please watch it milord, we cannot get into legal tapestry... whether to ban or not... can only be decided after you see it. it impacts millions of people, art is also subject to 19(2)

#TheKeralaStory

CJI: The challenge to the final judgment of the madras HC challenging the CBFC certification we will list after vacations.. we will have to see the film for that.. we will do that..

regarding ban in West Bengal.. we will STAY THE ORDER OF WEST BENGAL and record the tamil nadu… twitter.com/i/web/status/1…

CJI: The division bench of Madras HC has rejected the plea under article 226 seeking to challenge the CBFC certification to the film #TheKeralaStoryMovie ..on the other hand the division bench of kerala hc while admitting a similar plea has denied to grant interim relief..… twitter.com/i/web/status/1…

CJI : WB by an order dated May 8 issued an order under Section 6(1) read with section 4 of west bengal cinemas regulation act prohibiting exhibition of the film in entire WB. Prima facie we are of the view that the prohibition by WB is not tenable on the basis of material before.… twitter.com/i/web/status/1…

CJI: During course of hearing it has been stated by Tamil Nadu that the screening of the film has not been directly or indirectly prohibited in the state.. while recording this we direct that adequate security shall be provided to every cinema hall and requisite arrangement shall… twitter.com/i/web/status/1…

CJI: Place the entire batch of petitions in second week of July.. there also needs to be a disclaimer ..

Salve: disclaimer should say that there is no authentic data to back up the suggestion that figures of conversions is 32,000 or any other established figure.. i do not have… twitter.com/i/web/status/1…

CJI ORDER

CJI: Mr Harish Salve, Sr Counsel appearing for the film producers submits that in order to put controversy regarding film at rest.. a following disclaimer be added not later than 5 PM, May 20, 2023

1. there is no authentic data to back up that the figure of conversion… twitter.com/i/web/status/1…

Justice Narasimha: to decide this issue finally we have to watch the movie

Sibal: ministers have tweeted that those who do not support the movie... are supporters of PFI etc etc

Salve: we have video interview of girls based on which movie was done

Sibal: yes yes interview by… twitter.com/i/web/status/1…

Sr Adv Huzefa Ahmadi: the transcript shows... shalini narrating how thousands have joined militancy in Syria.. then it is shown shalini is pregnant and her husband wants to have sex with her.. when she refuses..the husband commands her and then rapes her... then it shows how they… twitter.com/i/web/status/1…

Justice Narasimha : we assure you we will watch the movie...

Ahmadi: this is egregious... i cannot read it fully ..the hate that is generated in the society.. do not see as immediate violence or physical violence... there are remarks on Hindu deities by Muslims.. films have a… twitter.com/i/web/status/1…

Ahmadi: the prejudice created by these propaganda films.. it leads to ghettoisation... there is discrimination in terms of employment... ramifications are larger.. people don't get rental houses.. when 19(2) restrictions are seen promise of fraternity also has to be seen...… twitter.com/i/web/status/1…

SG: I am Union of India it is running all over the country and there is no violence anywhere.. please do not entertain this and this will be unprecedented.. one month will not change anything..the societal realities are always projected in films

CJI: We will define the doctrine… twitter.com/i/web/status/1…