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2019 Supreme(SC) 433

D.Y.CHANDRACHUD, HEMANT GUPTA
INDIBILITY CREATIVE PVT LTD – Appellant
Versus
GOVT OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appellant :Ms. Rukhsana Choudhury, Advocate, Ms. Sanjana Srikumar, Advocate and Mr. Ritwik Parekh, Advocate.
For the Respondent:Mr. Suhaan Mukherjee, Advocate, Ms. Astha Sharma, Advocate, Ms. Kajal Dalal, Advocate, Mr. Amit Verma, Advocate, Mr. Abhishek Manchanda, Advocate, Ms. Dimple Nagpal, Advocate for M/S. PLR Chambers and Co., Advocate.

JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. Motivated by a mission to support meaningful Bengali cinema, the petitioners produced a film titled Bhobishyoter Bhoot. Their grievance, while invoking the jurisdiction of this Court under Article 32 of the Constitution is that the State of West Bengal, its Department of Home and the Kolkata Police have caused an "utterly unlawful obstruction of the public exhibition of their Bengali feature film". Simply put, their grievance is summarized in the extract which we reproduce from the first paragraph of the petition:

"The State of West Bengal is misusing police power and acting as a 'super-censor' sitting atop the CBFC and is violating the Petitioners' fundamental rights guaranteed under Articles 14,19(1)(a), 19(1)(g) and 21 of the Indian Constitution through the Kolkata Police which is under the Department of Home."

2. The first petitioner is a company which was established in 2017. The second and third petitioners are its directors. They have co-produced the film. The second petitioner has earlier produced Meghnadbodh Rohoshyo, a Bengali feature film which was selected in the Indian Panorama section of the 48th International Film Festival of In


































































































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