2018 Supreme(SC) 961

SUPREME COURT OF INDIA
Dipak Misra, CJI., A.M. Khanwilkar, D.Y. Chandrachud, JJ.
Kodungallur Film Society & Anr. – Petitioners
Versus
Union of India & Ors. …Respondent
WRIT PETITION (CIVIL) NO.330 OF 2018
Decided On : 01-10-2018

IMPORTANT POINTS
Nodal Officer(s), in addition to the responsibilities ascribed to them in Tehseen Poonawalla would also be responsible for creating and maintaining a list of various cultural establishments, including theatres, cinema halls, music venues, performance halls and centres and art galleries within the district, and pin point vulnerable cultural establishments and property which have been attacked/damaged by mob violence over the past 5 (five) years. This list would be updated on a regular basis to account for any new openings/closings of establishments.
Any person found to be carrying prohibited weaponry, licensed or otherwise, during protests/demonstrations would prima facie be presumed to have an intention to commit violence and be proceeded in that regard as per law.
Miscreants found at the spot must be arrested.
Appropriate action must be taken against the person(s) giving call for violence under Sections 153A, 295A read with 298 and 425 of the Indian Penal Code, 1860.
Person(s) involved in such violence may be granted conditional bail upon depositing the quantified loss caused due to such violence or furnishing security for such quantified loss.
Such person(s) shall be liable to pay compensation for loss/damage to life and property.

Headnote:Prevention of Destruction to Public Property Act 1984 – Section 3 – Incidents of peaceful protests turning into mob violence, causing damage to life and property – Investigation into such incidents and remedial and punitive measures – Need to be duly addressed – Directions given in (2009) 5 SCC 212; AIR 2018 SC 3354 and (2018) 7 SCC 192 must be borne in mind – Recommendations/ directions given (Para 15, 16)

       (2009) 5 SCC 212; AIR 2018 SC 3354; (2018) 7 SCC 192; (2018) 11 SCC 756 – Relied upon

       Facts of the case:

       The petitioners have filed the present writ petition on 25th January, 2018, in the backdrop of mob violence, protests and demonstrations which erupted across the nation in the recent past, especially against cultural programmes and establishments and the ensuing damage to public and private properties arising out of such violence. Petitioner No. 1 is a registered film society and petitioner no. 2, is a member of the petitioner no.1 film society. They have highlighted law and order problems arising out of the release of several films, especially the violence surrounding the release of the film ‘Padmaavat’, and submit that fundamentalist outfits and fringe groups have been issuing threats and engaging in acts of violence against people and property to disrupt and prevent public exhibitions of these films on the pretext that they offend their cultural/religious sentiments. These groups engage in violence against artistic expression, with utter impunity and show complete disregard for the rule of law and constitutional values. The films which are protested against are certified for public exhibition in accordance with law under the Cinematograph Act and by attempting to stop their exhibition, these groups operate as ‘super censors’, exercising unlawful authority and power outside the control and without the sanction of the State. These attacks on films are part of a larger problem whereby private individuals and groups impose unlawful restraints by threatening violence upon citizens’ artistic freedoms and thereby impinge on the freedom of speech and expression under Article 19(1)(a) of the Constitution of India. The petitioners contend that the respondent state governments then themselves ban the exhibition of such films, citing law and order problems, without clamping down on the root cause of such problems namely the individuals and groups who incite and commit violence. It is also contended that many such groups have tacit support from the political parties in power.

       The principal relief is to issue directions to the States/Union of India to strictly implement the decision rendered by this Court in In Re: Destruction of Public and Private Properties Vs. State of Andhra Pradesh & Ors., (2009) 5 SCC 212 concerning the large-scale destruction of properties in the name of agitations, bandhs, hartals etc.

       Finding of the Court:

       Investigation incident of peaceful protests turning into mob violence, causing damage to life and property need to be investigated and remedial and punitive measures need to be duly addressed.

       Result: Writ petitions disposed of.