The Madras High Court late on Tuesday night stayed the Tamil Nadu government’s ban on the screening of actor-director Kamal Haasan’s Vishwaroopam , paving the way for the film’s release in the State.


Justice K. Venkataraman passed the interim order after 10 p.m. following marathon arguments for over six hours on the validity of the two-week ban.

As soon as the order was pronounced, Additional Advocate-General P.H. Arvindh Pandian wanted the judge to suspend his own order until Wednesday morning. However, he declined the request.

Advocate-General A. Navaneethakrishnan and Mr. Pandian rushed to the residence of Acting Chief Justice Elipe Dharma Rao in a midnight effort to get the order suspended. Later, the AG told reporters that Mr. Justice Dharma Rao had permitted them to mention the matter on Wednesday on moving an appeal before a Division Bench.

At the time of going to press, there was no official word from the producers or theatre-owners on when the film would be released.

Mr. Justice Venkataraman made it clear that the interim order was passed considering the prima facie case established by the petitioners; but, after the counter-affidavit was filed by the respondents, the matter would be decided on its merits in accordance with law.

Any expression made in the order should not be viewed as a final decision taken on the grounds raised by the petitioners or the contentions made by the respondents.

The judge said the order under Section 144 Cr.P.C. came to be passed in view of the representation given by several Muslim organisations. Their remedy was to approach the authority named under the Cinematograph Act. His order would not be a stumbling block to their approaching the authority.

Common decision

“No doubt, for maintaining law and order, the authority competent is entitled to pass an order under Sec. 144 of Cr.PC, but that does not mean that a section of society can curtail the fundamental rights of a citizen,” the judge said.

One more aspect to be considered was that all district magistrates/Collectors had taken a common decision and passed orders, which appeared to be strange.

The judge said he was of the considered view that the order under Sec.144 was liable to be kept in abeyance for the present.

Earlier:

The ban on the release of Kamal Haasan's Vishwaroopam has been set aside by the Madras High Court. The interim order has turned out to be in favor of Kamal Haasan and the Madras High Court has put the Tamil Nadu government's ban in abeyance.
The High Court has also said that the film can be released tomorrow but the order is expected to be challenged by the government tomorrow. The government additional advocate general had actually wanted the ban to be extended till 10 30 am tomorrow but the judge refused

The Tamil Nadu government is planning for a re-appeal tomorrow first thing in the morning and theater owners may have to wait for the go-ahead from the government before deciding on playing Vishwaroopam in theaters.

More in detail:

CHENNAI: In a major relief to actor Kamal Haasan, the Madras high court on Tuesday lifted the ban imposed on his movie 'Vishwaroopam' by the Tamil Nadu government after it courted controversy over its alleged anti-Muslim content.

After a day-long hearing, Justice K Venkataraman passed the orders, paving the way for the screening of the movie reportedly made with a budget of nearly Rs 100 crore amid indications that the state government may prefer an appeal.

The court also kept in abeyance prohibitory orders imposed by the District Collectors across the state under section 144 of the CrPC.

The tech-savvy actor was not available for comment. During the hearing, Tamil Nadu government questioned the 'UA' certificate issued for the film and alleged that the certification of films itself was a "very big scam" and sought a probe into it by a law enforcing agency.

Advocate General A Navaneethakrishnan said the "UA" certificate to 'Vishwaroopam' was not issued by the Censor Board, but only by an Examining Committee not mandated by provisions of the Constitution.

Rejecting the charge, Additional Solicitor General Wilson said the certification was done by procedure. The application for certification came to the Censor Board on Oct 4, 2012, the film was viewed on Oct 8 and a show cause notice to cut certain scenes sent on October 10, he said.

The cuts were accepted and removed and the final certification given on October 17. Scenes to a running time of 1.08 minutes were cut, he said.

Even at a meeting with the home secretary on Dec 23 last, the Examining Officer said objectionable scenes were deleted from the film, Wilson said.

The Tamil Nadu government had banned the screening of the film in the face of opposition by some Muslim outfits, who claimed that the nearly Rs 100 crore movie portrayed their community in a negative light.