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

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

Where a film has been duly certified by the CBFC, State authorities and police may not, by extra-constitutional communications or pressure, prevent its exhibition; the State has a duty to protect lawful exhibition and viewers and to act only through statutory powers if necessary; unlawful interference violated the petitioners' fundamental rights and warranted mandamus and remedial compensation.

Parties
Petitioner: Indibility Creative Pvt Ltd & Ors.; Respondent: Government of West Bengal & Ors.
Jurisdiction
India
Judgment Date
11 April 2019
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Judgment (hearing and Orders Issued)
Outcome
Writ petition allowed
Legal Topics
Freedom of Speech and Expression, Cinematograph Act and Film Certification, State Police Powers and Extra Constitutional Action, Prior Restraint and Censorship, Remedial Compensation in Public Law
Constitutional Law Administrative Law Media and Entertainment Law Public Law Freedom of Speech and Expression Cinematograph Act and Film Certification State Police Powers and Extra Constitutional Action Prior Restraint and Censorship +1 more

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Parties

Indibility Creative Pvt Ltd & Ors.

Petitioner

Government of West Bengal & Ors.

Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Judgment (hearing and Orders Issued)

Legal Issues

  1. 1 Whether the State/police unlawfully interfered with exhibition of a CBFC-certified film by extra-constitutional means
  2. 2 Whether CBFC certification precludes state authorities from preventing exhibition except under statutory procedure
  3. 3 Whether the State has a positive duty to protect exhibition and viewers when law and order is threatened

Ratio Decidendi

Where a film has been duly certified by the CBFC, State authorities and police may not, by extra-constitutional communications or pressure, prevent its exhibition; the State has a duty to protect lawful exhibition and viewers and to act only through statutory powers if necessary; unlawful interference violated the petitioners' fundamental rights and warranted mandamus and remedial compensation.

Court Disposition

Writ petition allowed

Orders

  • Interim directions dated 15 March 2019 and 25 March 2019 are maintained and confirmed
  • Mandamus issued restraining the State from taking recourse to any form of extra-constitutional means to prevent lawful screening of the feature film Bhobishyoter Bhoot