The West Bengal government has defended in the Supreme Court its May 8 order to prohibit exhibition The Kerala Story, claiming the movie is based on manipulated facts and contains hate speeches in multiple scenes that may hurt communal sentiments and cause disharmony between the communities.
In an affidavit, the state government said it has exercised the power under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, considering the law and order situation, security of the state and general public interest.
The state government also said various intelligence inputs were received about possible law and order problem.
The state government also said there was no absolute right to freedom of speech and expression under Article 19 (1)(a) and the right to practice any profession, or to carry on any occupation, trade or business under Article 19 (1) (g) of the Constitution as those were subject to certain restrictions, including "public order" and "general public interest".
The state government filed its response after the Supreme Court on May 12 asked it to explain why the movie can't be exhibited over there as it was being shown in theatres across the country, including in places having same demographic profile.
The top court is likely to consider on Thursday a plea by Sunshine Pictures Private Limited and another, which produced the movie, challenging the validity of May 8 order by the West Bengal to ban exhibition of the movie in the state.
Among other grounds, the state government said prohibition of exhibition of the movie is a policy decision passed to maintain law and order.
The movie was being exhibited in 90 theatres across the state on its release on May 5.
However, during surveillance, it was observed that the audience makes very objectional comments whenever they see a particular scene where Hindu or Christian girls are seen tortured.
"While coming out of movie halls, people discuss among themselves to limit their interaction with Muslims and or that these Muslims ought to be taught a lesson. On social media videos, photos and comments are being circulated against a particular community, which is further spewing hatred," it claimed.
The state government also raised objection over maintainability of the writ petition filed under Article 32 of the Constitution, saying the matter could be dealt by the Calcutta High Court, which was already hearing similar pleas.