Sunshine Pictures Pvt. Ltd. And Another Petitioner(s) v. Union Of India And Others (s).

Factual and Procedural Background

Petitions challenging the certification granted by the Central Board of Film Certification (CBFC) to the film “The Kerala Story” were dealt with differently by two High Courts. A Division Bench of the Madras High Court dismissed the writ petition filed under Article 226 of the Constitution, whereas a Division Bench of the Kerala High Court admitted a similar petition but refused interim relief. Appeals from both High Court decisions have now reached the Supreme Court of India.

During the pendency of these matters, the State of West Bengal, by an order dated 8 May 2023 issued under Section 6(1) read with the proviso to Section 4 of the West Bengal Cinemas (Regulation) Act, 1954, prohibited the exhibition of the film throughout the State. The State of Tamil Nadu did not issue a formal ban but reported demonstrations in several districts and detailed police deployment around cinemas.

The Supreme Court heard interim applications before the summer recess, stayed the West Bengal order, issued directions to Tamil Nadu to ensure screening and security, noted an undertaking by the film producer to add a further disclaimer, and scheduled the batch of petitions for final disposal on 18 July 2023.

Legal Issues Presented

1. Whether the prohibition imposed by the State of West Bengal on the exhibition of “The Kerala Story” satisfies the statutory requirements of the West Bengal Cinemas (Regulation) Act, 1954.
2. Whether the State of Tamil Nadu has, directly or indirectly, prevented the screening of the film and what obligations it bears to secure theatres and viewers.
3. Procedural coordination of the appeals arising from the Madras and Kerala High Court judgments concerning the film’s CBFC certification.

Arguments of the Parties

State of West Bengal

• Filed a counter-affidavit defending the 8 May 2023 prohibition order. The contents relied on by the State were found insufficient by the Court to justify the ban.

State of Tamil Nadu

• Submitted in its counter-affidavit that the State had not prohibited the film’s screening.
• Reported that, on 5 May 2023, instructions were issued to all Commissioners of Police and Superintendents of Police to provide security to cinemas showing the film.
• Detailed deployment of 965 police personnel, including 25 DSPs, across 21 theatres.
• Informed the Court of demonstrations on 5–6 May 2023 and the registration of nine criminal cases against protesters.

Film Producer

• Through senior counsel Mr. Harish Salve, volunteered to insert an additional disclaimer by 5:00 p.m. on 20 May 2023 stating:
  • There is no authentic data supporting the figure of 32,000 (or any other figure) of conversions.
  • The film is a fictionalised account of events.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court conducted a prima facie review of the statutory basis for the West Bengal prohibition. It concluded that the order was overbroad and that the prerequisites for invoking Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954 were not satisfied on the material disclosed. Consequently, the Court stayed the 8 May 2023 order.

With respect to Tamil Nadu, the Court recorded the State’s submission that no ban—formal or informal—had been imposed. To safeguard freedom of expression and public order, it directed the State to (i) provide adequate security to all cinemas screening the film and (ii) refrain from any act that would impede its exhibition.

The Court also took note of the producer’s willingness to add a clarifying disclaimer, viewing this step as capable of reducing controversy surrounding the film’s content.

Finally, to streamline adjudication of all related matters, the Court fixed a consolidated hearing in the second week of July 2023, with final disposal set for 18 July 2023, and prescribed timelines for completion of pleadings and filing of written submissions.

Holding and Implications

The Supreme Court stayed the West Bengal order prohibiting the film, directed Tamil Nadu to ensure security and non-interference with screenings, accepted the producer’s commitment to add a disclaimer, and scheduled final hearing on 18 July 2023.

Immediate implications include the resumption or continuation of the film’s exhibition in West Bengal and Tamil Nadu under judicial protection and enhanced security. The order does not establish new legal precedent but provides interim relief and sets procedural directions pending final adjudication.