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2006 Supreme(AP) 659

Andhra Pradesh High Court
Judges : GODA RAGHURAM
LAKSHMI GANESH FILMS, HYDERABAD - Appellant
Versus
GOVERNMENT OF A.P., REP.BY ITS SPECIAL CHIEF Secretary TO GOVERNMENT, HOME Department, HYDERABAD - Respondent
Decided On : 06/21/2006
Writ Petition 11575 Of 2006

Advocates:
C.R.SRIDHARAN, Dama Seshadri Naidu, M.S.PRASAD, V.R.REDDY

Headnote:

A.P. Cinemas Regulation Act, 1955 – Section 8 – Constitution of India, Article. 19 (1) (a) – Hyderabad City Police act, 1348 – Act, 1955 Section 8 (1) , 22 (2) (a) – Anti-Semitic Nazi genocide at Dachau Bergen Belsen and Auschwitz partition carnage Somnath pillage Godhra massacre inquisitions crusades purges ethnic cleansing untouchability and slavery are but some of the shameful but recurring episodes in human history Illustrations of mans inhumanity to others of intolerance of the pervasive diversity of the human condition dehumanizing examples of mankinds irrational and emotionally sterile response to aspects of others that are disagreeable precedents of brutalizing dissent of colour, faith, dogma, race, ethnic origins, religious persuasions, descent, cultural practices or other insular indices of the human condition court enjoy a shared membership of the human race and our future depends on tolerance of distinctions that mark the richness and diversity of the plural global community of man. Faith, race, religion, dogma or culture are not wholly homogeneous attributes are several clear subtle and evolving variations within the same general milieu his preface to his book points out:"indeed, many of the conflicts and barbarities in the world are sustained through the illusion of a unique and choice less identity art of constructing hatred takes the form of invoking the magical power of some allegedly predominant identity that drowns other affiliations, and in a conveniently bellicose form can also overpower any human sympathy or natural kindness that we may normally have –Held, Objectors to the exhibition of the film are not a captive audience casual passers-by on the public street, those using public transport or by compulsive exposure to billboards are not involuntarily and forcibly exposed contents of this film is a work of fiction and is exhibited for commercial purposes who go to the theatre are required to buy a ticket to see the film watch it at their volition and by conscious choice who are offended by the content or its theme are free to avoid watching the film objectors are thus not captive audience of the film. Dissenters of speech and expression have no censorial right in respect of the intellectual, moral, religious, dogmatic or other choices of all mankind Constitution of India does not confer or tolerate such individualized, hypersensitive private censorial intrusion into and regulation of the guaranteed freedom of others authority that passed impugned order has not even seen the film mechanically certified the hecklers veto of a few objectors, on dictation as it were, rather than informed satisfaction of his own, as legislatively ordained is not rational regulation of a protected constitutional right - freedom of speech and expression impugned notification suspending the exhibition of the film the light of the analysis and for the reasons recorded in this judgment constitutes an extravagant arbitrary, casual and wholly irrational exercise of a very sensitive and responsible executive power viz regulation of a cherished, valued and guaranteed fundamental freedom, of speech and expression – Writ petitions are accordingly allowed.

( 1 ) THE anti-Semitic Nazi genocide at Dachau, bergen-Belsen and Auschwitz, the partition carnage, the Somnath pillage, the Godhra massacre, inquisitions, crusades, purges, ethnic cleansing, untouchability and slavery are but some of the shameful but recurring episodes in human history; Illustrations of mans inhumanity to others; of intolerance of the pervasive diversity of the human condition; dehumanizing examples of mankinds irrational and emotionally sterile response to aspects of others that are disagreeable; precedents of brutalizing dissent of colour, faith, dogma, race, ethnic origins, religious persuasions, descent, cultural practices or other insular indices of the human condition.

( 2 ) WE enjoy a shared membership of the human race and our future depends on tolerance of distinctions that mark the richness and diversity of the plural global community of man. Faith, race, religion, dogma or culture are not wholly homogeneous attributes. There are several clear subtle and evolving variations within the same general milieu.

( 3 ) IN his preface to his book1 Prof. Sen points out:"indeed, many of the conflicts and barbarities in the world are sustained through the illusion of a unique and choiceless identity. The art of constructing hatred takes the form of invoking the magical power of some allegedly predominant identity that drowns other affiliations, and in a conveniently bellicose form can also overpower any human sympathy or natural kindness that we may normally have. The result can be homespun elemental violence, or globally artful violence and terrorism. "

( 4 ) PROF. Sen offers a prefatory solution to the tumult, turmoil, and barbarity that has beset human history on false assumptions of the singularity of human identity:"the prospects of peace in the contemporary world may well lie in the recognition of the plurality of our affiliations and in the use of reasoning as common inhabitants of a wide world, ratherthan making us into inmates rigidly incarcerated in little containers. What we need, above all, is a clear-headed understanding of the importance of the freedom that we can have in determining our priorities. And, related to that understanding, we need an appropriate recognition of the role and efficacy of reasoned public voice - within nations and across the world. "

( 5 ) FREEDOM of speech and expression significantly contributes to a liberal open-minded civil society; rational, tolerant and accommodating plurality - What this freedom means and in the Indian constitutional context, is yet again in issue in this case.

( 6 ) HEARD Mr. V. R. Reddy, learned Senior advocate instructed by Mr. C. R. Sridharan; mr. M. S. Prasad and Mr. D. Seshadri Naidu, advocates forthe petitioners and the learned government Pleader for Home for the State government.

( 7 ) THE State Government by the impugned order (G. O. Rt. No. 1012, Home (General. A)Department, dated 1-6-2006) in purported exercise of the powers conferred under section 8 of A. P. Cinemas Regulation Act, 1955 (A. P. Act No. 4/1955) (for short "the 1955 act") suspended the exhibition of a movie "the Da Vinci Code" in English, Telugu and other languages in the entire State, with effect from the publication of the notification. The reasons recorded for the above decision as set out in the impugned notification are:"government have received representations from various Minority organizations, in general and Christian organizations, in particular, requesting the Government to impose ban on exhibition of the movie "the Da Vinci code" to be released in the State of andhra Pradesh on 2nd June, 2006. The ban should be from 2nd June 2006 onwards. They contended that the screening of the movie will not only offend religious sentiments but lead to demonstrations, disturb peace and tranquility in the State. The reports from the Government agencies indicate that some Christian groups may take recourse to agitational activities if the film is released and that untoward i












































































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