The plea besides challenging the ban, also challenged the Constitutionality of Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954 under which the West Bengal government issued the order banning the film.
The West Bengal order stated that the public exhibition of the film “is likely to cause breach of peace” and that an order under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954 prohibiting the exhibition of the film in the State was required to be passed “to avoid any incident of hatred and violence in order to maintain peace and law and order situation in the State”.
The plea before the top court also pointed out that the State of Tamil Nadu had issued an “alert” anticipating protests in connection with the release of the film, due to which theatres in the State withdrew the film.
This, it was stated, amounted to a defacto ban.
Source: Barandbench
