The Supreme Court on Friday refused to interfere in the temporary stay on the release of animated film Mahaprabhu Jagannath, ordering its release only after the conclusion of the Puri Jagannath Rath Yatra on July 27, saying the “balance” in the instant case required the film to wait until the religious celebrations are over.
A bench of Justices BV Nagarathna and R Mahadevan modified the interim order of the Orissa High Court to allow the film’s nationwide release on or after July 28 instead of keeping the matter pending till the next hearing before the Supreme Court on August 5.
“We have learned that the festival of Lord Jagannath Yatra has begun on July 16 and will continue till July 27… In these circumstances, we allow the film to be released on or after July 28,” the court ordered.
The court was hearing an appeal filed by the film’s producer, Ele Animations Pvt Ltd, challenging the Orissa High Court’s July 15 order restricting the release of the film over objections that it did not faithfully adhere to the traditions of Skanda Purana and temples associated with Lord Jagannath.
During the hearing, Solicitor General Tushar Mehta, representing the Center and the Odisha government, informed the court that a special screening of the film was conducted before Gajapati Maharaja of Puri and the Shree Jagannath Temple administration, during which several changes were suggested but were allegedly not incorporated by the producers.
“There was a special presentation before Maharaja Gajapati and the Shri Jagannath Temple administration, but the proposed changes were not incorporated,” Mehta said.
The bench then asked when the annual Rath Yatra would conclude.
When Mehta informed the court that the festival would end on July 27, Justice Nagaratna observed: “After the rituals are over, let him go…that is the balance.”
The council stressed that the restriction would only be temporary, and noted: “When the worship of the congregation is reduced, it can be released.”
Mehta agreed that a complete ban on the film may not be justified, but urged the court to ensure that concerns over the depiction of Lord Jagannath were examined by the Supreme Court expeditiously.
“I agree that you cannot stop a film, but there are serious concerns. Instead of August 5 when the Supreme Court decides the matter, let the Supreme Court postpone the hearing,” he added.
Senior advocate Devadat Kamat, who represented the producer, said that once the Central Board of Film Certification (CBFC) grants the certificate, the authorities cannot seek to reconsider the contents of the film.
“Once the CBFC certificate is issued, it is now not possible for them to argue against it… The petitioner cannot be a super regulator. Crores of rupees have been invested. There will be huge economic loss,” Kamat said. He also informed the court that a TV series based on the same character had already been shown on YouTube.
To balance the competing claims, the bench refused to lift the ban immediately but reduced its duration by allowing the film to be released immediately after the conclusion of the nine-day Rath Yatra, which began in Puri on July 16 and will culminate on July 27.
The controversy arose out of a public interest litigation before the Orissa High Court, where the petitioners contended that the film’s depiction of Lord Jagannath departed from the traditions of the Skanda Purana, Brahma Purana and established temple traditions. They also claimed that despite objections raised during a special screening attended by Maharaja Gajapati and temple authorities, the producer retained several disputed scenes in the final version.
On the other hand, the producer maintained that the animated film was a work of fiction that carried an express disclaimer and was protected by the constitutional guarantee of freedom of expression under Article 19(1)(a). It also claimed that the last-minute restraining order, issued on the eve of the scheduled nationwide release in about 300 theaters, would result in significant commercial losses.
While passing the interim order earlier this week, the Supreme Court observed that the objections raised by the petitioners warranted detailed judicial scrutiny and restrained the producer from releasing the film without permission of the court till the date of the next hearing. The Supreme Court order issued on Friday reverses this trend by allowing the theatrical release of the film from July 28.
