The Supreme Court on 11th April slapped a fine of Rs. 20 lakh on the West Bengal government for blocking the release of satirical Bengali film Bhobishyoter Bhoot. A bench of Justices D.Y. Chandrachud and Hemant Gupta said that the government agencies have to uphold freedom of speech and expression and they cannot put restrictions on artistic freedom. In fact, the state is constitutionally bound to protect people’s freedom, the bench added.
Justice Chandrachud said, “When the ability to portray art in any form is subject to extra-constitutional authority, there is a grave danger that fundamental human freedoms will be imperilled by a cloud of opacity and arbitrary state behaviour.” The court also said that the West Bengal police had misused its power by obstructing public screening of the film after it was cleared by the CBFC and added that it attempted to silence speech, suborn views critical of prevailing cultures and threaten law-abiding citizens into submission.
Despising the action of the West Bengal government whose higher authorities had asked cinema owners not to screen the film, the apex court’s bench remarked that it was an unconstitutional attempt to invade the fundamental rights of the producers, actors and audience.