The Calcutta High Court on Thursday chose not to issue any interim order regarding the release of a Hindi film, emphasizing that in a democratic society, healthy criticism should not be curtailed.
A Public Interest Litigation (PIL) was filed before the high court requesting that the release of The Diary of West Bengal be restrained, arguing that it portrays the state’s chief minister in a negative light. The movie is set to release on August 30.
A division bench consisting of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya noted in their order that, although they were not inclined to entertain the petition, they would list the matter for hearing after three weeks, given that the senior advocate representing the petitioner wished to make detailed submissions.
The Chief Justice stated, “We are in a democratic setup,” and affirmed that healthy criticism through a biopic should not be prevented. He added, “We are a tolerant society; West Bengal has been a tolerant society.”
The petitioner’s lawyer, Joy Saha, contended before the court that the film, directed by Sanoj Mishra, also aims to incite disharmony between two communities. The bench observed that petitions seeking bans on books, movies, or plays are generally addressed by the Supreme Court, which has determined that it is up to the public to decide whether to engage with such content.
The court further questioned the standing of the individual who filed the PIL, suggesting that anyone depicted in the film who feels aggrieved could approach the court directly. The bench also indicated that the petitioner could request the Central Board of Film Certification (CBFC) to revoke the movie’s release certificate.
A representative for the CBFC informed the court that the board had already granted a certificate for the film’s release.
