Mamata Banerjee
Urges SC Not To Interfere With Policy
Dhananjay Mahapatra (THE TIMES OF INDIA; May 18, 2023)

New Delhi : The West Bengal government on Wednesday told the Supreme Court that it banned the screening of the “highly controversial” ‘The Kerala Story’ to prevent violent clashes between communities, as had happened in Maharashtra’s Akola, and requested the court not to interfere with the policy decision taken by the state to ensure safety of citizens.

The Mamata Banerjee-led government said the policy decision, based on numerous intelligence reports, was taken to ensure safety and security of the people and maintenance of law and order. A bench headed by CJI D Y Chandrachud postponed the hearing, scheduled for Wednesday, to Thursday.

“The SC cannot interfere with policy either on the grounds that it is erroneous or on the grounds that a better, fairer and wiser alternative is available. Legality of the policy, and not the wisdom or soundness of the policy, is the subject of judicial review,” the state said, reminding the court about its series of judgments iterating that the scope of judicial review is only to scrutinize whether the policy violated fundamental rights of the citizens, laws or it is manifestly arbitrary.

The government told the court that it had deployed police personnel in plain clothes inside and outside theatres in the state, where the film was released on May 5, for the purpose of surveillance. As per intelligence report after the very first show of the film, the release of the movie is likely to cause “a violent clash between the extremist groups”.

“During surveillance, it was observed that the audience makes very objectionable 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 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 (sic) hatred,” it said.

Referring to the violence at Akola in Maharashtra over a comment on the Prophet, the state said it bolstered the decision to timely impose a pre-emptive ban on the screening of the film.

It also said, “The film was scheduled to be released all over the UK on May 12 but prior to the release, it was announced that the British Board of Film Certification had not given the film an age-rating and therefore, the film was not publicly exhibited.”