TN Govt. justifies ban in reply
Monday,
July
03,
2006
Chennai
(UNI):
The
Tamil
Nadu
Government
today
filed
its
reply
before
the
Madras
High
Court
in
'The
Da
Vinci
Code'
case,
stating
that
to
avert
communal
tension
and
potential
violence
the
screening
of
the
film
was
ordered
to
be
suspended
in
city
theatres.
The
reply
filed
by
the
Home
Secretary
and
Police
Commissioner
said
the
movie
went
against
Christian
tenets.
There
had
been
alarming
protests,
with
expression
of
strong
resentment,
and
the
screening
would
be
to
the
detriment
of
a
section
of
people
in
society.
Protests
against
screening
of
the
film
had
been
lodgedly
the
Indian
Christian
Association,
All
Indian
Christian
Federation,
National
Christian
Youth
Movember
and
the
President
of
Marumalarchi
Muslim
League.
This had caused great concern to communal harmony, peace and tranquility in the state. The Government had directed the Police Commissioner to assess the situation and thereafter if considered appropriate, consider the suspension of exhibition of the movie in accordance with Provisions of Section 13 of Cinematography Act. To avert communal tension, the film was ordered to be suspended. The suspension order had been forwarded to the Centre as required under Section 13 (2). The Centre should take a decision as per powers under Section 13 (2). The petitioner, if aggrieved could agitate before the Centre, which had the power to confirm or discharge.
The contention that the film with different titles in different countries when released did not cause law and order problem in the 65 countries abroad was no ground as Indian culture varied from Western civilization in all aspects. The feelings of the minority community was likely to be hurt by such narration shown in the movie, they added. They said sensiblity and acceptance of various matters and views on subjects that were highly personal but at the same time general, issues like religion and morality varied not only between countries and cultures, but even within the the same country or same State. So, stating that the movie had been accepted in Western Countries and other parts of India did not lend crediblity to the case.
Moreover, even in an Islamic country like Pakistan, the movie had been banned as also in other states and Union Territories in India like Goa, Punjab, Nagaland and Union Territory of Pondicherry. They said the contention that the authorities should 'await for the violence' and mobilize law enforcing agencies then was alien to policing. The apprehension of a law and order situation arising was well founded. The order was passed to abort possible violence. Merely because a disclaimer card was inserted, it did not take away the main theme, which offended religious feelings of viewers, they said and sought dismissal of the petition filed by Sony Pictures and Anuroshni Films, challenging the Commissioners order dated June 1.
During arguments today before Ms Justice Prabha Sridevan, Additional Advocate General P S Raman said the movie was released in India on May 28. There were protests. The Commissioner felt there was apprehension of breach of peace and passed the order, which was not a review of the Censor Board order. The suspension was temporary and not final. The movie could be released later on. Commissioner could not wait till the first show was over and see if there were problems.
He said the local authority had not taken any direct action against the producer or distributors. Religion was not an issue of public debate. It was a fundamental right and every state had to protect it. Despite Andhra Pradesh court judgement and police protection, there was agitation when the movie was about to be shown. Protesters were arrested. In Hyderabad, the movie was not released and theatre owners voluntarily stopped screening it, he said. As arguments were inconclusive, further hearing of the case was to take place tomorrow
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