Kaali Poster Row : Supreme Court Transfers To Delhi Police All FIRs Against Filmmaker Leena Manimekalai; Interim Protection To Continue

The Supreme Court on Monday (April 10) transferred to the Delhi Police all the FIRs against filmmaker Leena Manimekalai over the poster of her documentary titled "Kaali". The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala added that until a report was filed by the Investigating Officer under Section 173 of the CrPC, the ad–interim order protecting Manimekalai against coercive steps either on the basis of the FIRs which were instituted or which may be lodged thereafter in respect of the same film, shall continue to operate.

The bench also granted her liberty to move the Delhi High Court for quashing of FIRs against her. 

After the pronouncement of the order Additional Solicitor General Aishwarya Bhati requested the court to add a line in the order directing the petitioner cooperate in the probe. However, the bench was not willing for the same. CJI DY Chandrachud orally remarked–

"She is a young girl living in the US. You can speak to her on video call. Apart from the film there is nothing else."

The FIRs registered in Hazratganj (UP), Ratlam (MP), Bhopal (MP), Indore (MP), Haridwar (Uttarakhand) are now transferred to IFSO Unit, Special Cell Delhi s

Earlier, the court had directed that no coercive steps shall be taken against the filmmaker and had also noted that at this stage, the lodging of FIRs in multiple states may cause serious prejudice to Manimekalai. 

Background

The petition filed through Advocate Indira Unninayar sought to quash the multiple FIRs registered in Delhi, Uttar Pradesh, Madhya Pradesh, and Uttarakhand on complaints against the same poster, which showed Manimekalai herself dressed as the the goddess Kaali, smoking a cigarette and holding a pride flag.

The petitioner says that her attempt as a creative filmmaker was to depict the image of a "radically inclusive goddess" and not to offend the religious sentiments of any person. Manimekalai, who identifies herself as queer, maintains that the documentary projects the kinder and broadminded traits of the goddess. The petitioner contended that the multiple FIRs amount to harassment and infringement of her constitutionally guaranteed fundamental right to freedom of expression.

The film-maker says that she has faced several death threats and open calls for her beheading, rape, and murder after she tweeted the poster. Therefore, she has also sought for action to be taken against those who attacked her in cyber space with threats of murder, rape and other extreme forms of violence against her.

Case Title: Leena Manimekalai v. UoI And Ors. WP(Crl) No. 8/2023

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