The release of the animated film Mahaprabhu Jagannath has been halted by an order from the Orissa High Court, just one day before it was scheduled to premiere on July 17. The film’s creators have now approached the Supreme Court, seeking to overturn this decision, which they allege could have severe consequences for their investment and the film’s reception across India. Senior Advocate Devadatt Kamat represented the filmmakers in an urgent appeal before the Chief Justice of India, emphasising the need for a swift hearing.

Kamat stated that the court’s intervention was particularly essential, given that the Central Board of Film Certification had already granted the movie a certificate under the Cinematograph Act. He confirmed that over 300 theatres had scheduled showings, highlighting that the late-night order from the High Court, uploaded at 9 pm on July 15, effectively locked in a last-minute ban.

The Supreme Court did not agree to the request for a same-day hearing, with the Chief Justice noting that such requests are typically reserved for cases of extreme urgency, such as those involving the death penalty. However, the matter is expected to be considered the following day, matching the original release date of the film.

Grounds for the High Court’s Decision

The Orissa High Court’s ruling on July 15 stated that while freedom of speech and expression is guaranteed under the Constitution, it must not infringe upon religious sentiments in a manner that could incite societal unrest. The High Court raised concerns about releasing the film during the ongoing Rath Yatra, cautioning that failing to implement recommended changes could prove detrimental.

The Orissa High Court’s ruling on July 15 stated that while freedom of speech and expression is guaranteed under the Constitution, it must not infringe upon religious sentiments in a manner that could incite societal unrest. The High Court raised concerns about releasing the film during the ongoing Rath Yatra, cautioning that failing to implement recommended changes could prove detrimental.

The court had issued this interim order following a public interest litigation, challenging the film’s certification. Petitions filed against Ele Animations Pvt. Ltd. argued that the film’s trailer and content had drawn substantial objections from various groups, including devotees and temple authorities.

Response from the Film’s Producers

In opposition to the ban, the film’s producers defended their project by asserting that it explicitly presents a fictional narrative, accompanied by a disclaimer stating that it bears no resemblance to historical fact. They argued that the movie should be protected under the constitutional right to free expression, as stipulated in Article 19(1)(a).

The producers also highlighted the significant financial stakes involved, noting their substantial investment in the production. They challenged the assertions made by the petitioners and called into question the grounds upon which the High Court made its decision.

The High Court acknowledged the influential nature of film as a medium and the potential implications for public sentiment and belief. While reiterating the importance of free speech, the bench stressed that such freedom must be weighed against reasonable restrictions when public order or religious sentiments are potentially at risk. The court ultimately restricted Ele Animations Pvt. Ltd. from releasing Mahaprabhu Jagannath until further orders or hearings occur, coinciding with the concerns raised in the public interest litigation.

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