The Supreme Court today (July 29) refused to modify its earlier order permitting the release of animation film Mahaprabhu Jagannath after the Jagannath yatra, observing that courts cannot sit in judgement over artistic expression merely because a few individuals take offence. The bench of Justices B.V. Nagarathna and R. Mahadevan dismissed the modification application moved by the Orissa government, which had sought reconsideration of the earlier directions in light of objections raised by the Shree Jagannath Temple Administration (SJTA) and other stakeholders following a special screening of the film.
Advocate General Pitambar Acharya submitted that a special screening of the film had been organised for religious heads, representatives of Sanatan Dharma, senior government officials and technical experts. According to him, several participants objected to the depiction of Lord Jagannath in animated form, contending that it was not in conformity with religious scriptures. Even after the dismissal of the application, he urged the court to permit the state government to independently exercise its revisional powers under the relevant statute.
However, the court declined the request. The bench repeatedly underscored the importance of protecting artistic freedom and cautioned against allowing isolated objections to suppress creative works.
The producer’s advocate relied on the minutes of the SJTA committee’s meeting, submitting that the committee itself had described the animation film as “laudable”.
Justice Nagarathna also expressed concern over the broader implications of entertaining such challenges. “Just because two-three sensitive people continue to file petitions, we will have to pass an order in respect of Hindu Gods and Goddesses that there shall be no creativity. Ramayana on television will stop. There will be no art, no culture,” she remarked. Talking about the animation format, she clarified that artistic portrayals do not necessarily diminish religious faith. “These things should not come in the way of art. This is in no way coming in Lord Jagannath devotion, reverence,” the judge observed. A day earlier, while hearing the arguments, Justice Nagarathna asked the advocates of the state and the SJTA whether devotion for Lord Jagannath would diminish if this animation film was released for children. She added, “It will not!”
Two weeks back, the apex court had allowed the release of the animation film Mahaprabhu Jagannath, on or after July 28, noting that starting July 16 for a period of 10 days, Lord Jagannath yatra and rituals connected therewith were to take place. A bench of Justices B.V. Nagarathna and R. Mahadevan had noted that the Central Board of Film Certification had permitted the exhibition of the film and had cleared the same after considering the film having regard to relevant parameters.
Earlier, a bench led by Chief Justice of India Surya Kant had agreed to list the plea for hearing after a mentioning was made by the producers’ advocate. The plea challenged the Orissa high court’s decision which had restrained the release of the film. The high court had observed that while freedom of speech and expression was constitutionally protected, it could not be permitted to shatter religious sentiments in a manner that resulted in unrest in society. A division bench of the Orissa high court had passed the interim order on a public interest litigation seeking revocation of the certificate granted to the film by the CBFC and a direction restraining its exhibition in Orissa.