1. Dr. Abhishek Manu Singhvi, learned senior counsel states that in pursuance of the order dated 15-03-2019 WP (C) No. 306 of 2019 passed by this Court, the Additional Director General & Inspector General of Police (Law & Order), West Bengal addressed a letter dated 19 March 2019 to (i) District Superintendents of Police; (ii) Commissioners of Police (including Kolkata); (iii) Range Deputy Inspectors General of Police; (iv) Zonal Inspectors General of Police; and (v) Additional Director General of Police, South Bengal forwarding a copy of the order for “information and necessary compliance”. A similar letter dated 18 March 2019 was addressed by the Principal Secretary, Department of Home, Government of West Bengal to the Commissioner of Police, Kolkata for compliance with the order passed by this Court. Copies of the communications are placed on the record. Dr. Singhvi has placed a chart indicating that the film is presently running in ten theaters.
2. Dr. Singhvi, on instructions which have been received by him, makes a specific statement that neither has the film been banned by the Government of West Bengal nor has recourse been taken to the powers contained in Section 6 of the West Bengal Cinemas (Regulation) Act, 1954 or Section 13 of the Cinematograph Act, 1952.
3. Mr. Sanjay Parikh, learned counsel appearing on behalf of the petitioners has filed a further affidavit during the course of the hearing. Learned counsel submits that the chart which has been placed on the record by Dr. Singhvi indicates that all the theaters where the film is being screened are situated outside Kolkata.
4. The grievance which has been urged before this Court is that in pursuance of the communication that was addressed on 11 February 2019 by the Joint Commissioner of Police (Intelligence), Special Branch, Kolkata, theaters where the film was being exhibited were compelled to stop screening the film. As a result, save and except for the ten or twelve theaters outside Kolkata, the film has not been screened within the limits of Kolkata.
5. We are of the view that the Joint Commissioner of Police acted beyond the scope of his legitimate authority in directing the producer to arrange for a private screening of the film for a few senior officials, apprehending that the screening of the film may lead to “political law and order issues”.
6. The State of West Bengal is duty bound, once the film has been certified by the Central Board of Film Certification (“CBFC”) to take necessary measures to protect the fundamental right to free speech and expression of the producer and the director and, for that matter, of the viewers to see the film unrestrained by extraconstitutional restraints.
7. We accordingly, direct that the Joint Commissioner of Police shall forthwith withdraw the communication that was addressed by him to the producer of the film on 11 February 2019.
8. We also direct the Principal Secretary, Department of Home, Government of West Bengal and the Director General of Police to immediately issue communications to all the theaters where film was being originally screened intimating them that there is no ban on the screening of the film, and that the State shall, in compliance with the order passed by this Court on 15 March 2019, take necessary steps for protecting the properties of the theater owners and the safety of the members of the public who wish to view the film.
9. An affidavit of compliance shall be filed in the above terms on or before the next date of hearing both by the Principal Secretary, Department of Home, Government of West Bengal as well as by the Director General of Police, West Bengal personally and we will hold them accountable to ensure compliance with the above direction.
10. List on 1 April 2019.