Kerala HC Closes Plea Against 'Antony' After Makers Offer To Blur Alleged Scene With Gun In Bible, Disapproves 'Intolerance To Artistic Expressions'

Update: 2024-02-06 10:30 GMT
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The Kerala High Court has closed a writ petition opposing a 'fleeting scene' in Malayalam film 'Antony', depicting a gun hidden in a book which the petitioner perceived to be the 'Bible'.Justice Devan Ramachandran however criticised the “intolerance to cultural and artistic expressions" in a civilized nation like ours and said that if any scene in a film is in fact uncharitable, it is for...

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The Kerala High Court has closed a writ petition opposing a 'fleeting scene' in Malayalam film 'Antony', depicting a gun hidden in a book which the petitioner perceived to be the 'Bible'.

Justice Devan Ramachandran however criticised the “intolerance to cultural and artistic expressions" in a civilized nation like ours and said that if any scene in a film is in fact uncharitable, it is for the statutory authorities to decide.

"Intolerance to cultural and artistic expressions is not something that behooves well for a civilized country like ours; but if any particular scene is established to be violating the unexpendable respect required to racial, religious or other groups, certainly, it is for the 'Board' to intervene and take necessary action."

The petitioner had approached the Court stating that a scene in the film depicts a firearm hidden inside the Bible, which hurt the religious sentiments of the Christian community.

The Central Board Of Film Certification (CBFC) stated that the scene was a fleeting one, without any reference to any particular scripture. It submitted that the competent Committee did not feel the scene to be contemptuous of racial, religious or other groups; and that during the review screening, the members of the Committee did not even notice the Bible.

It is in this backdrop that the Court observed, “the production and creation of a cinematographic movie is, in part, guided by imagination, and for the other, perhaps, real life experiences. The liberty of a team, while creating a cinematographic movie, certainly has to be respected, provided they do not trample upon or infringe the rights of individuals or the society.”

It finally disposed of the petition on being informed that the makers had blurred the alleged scene.

Counsel for the Petitioner: Advocates Gigimon Issac, Tom Thomas, Tobias Togi Mathew

Counsel for the Respondents: Advocates Girish Kumar V, Rajeesh V.R., R.Sudheer, K.N.Rajani, R.Pratheesh

Citation: 2024 LiveLaw (Ker) 96

Case title: Joji Varghese v State of Kerala

Case number: WP(C) NO. 42896 OF 2023

Click Here To Read/Download The Judgment

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