The petitioners were the producers of the Bengali film, ‘Bhobishyoter Bhoot’. The film was scheduled to release in Kolkata and some districts of West Bengal on 15th February 2019. The film received a UA certification for public exhibition, issued by the Central Board of Film Certification. However, a few days prior to the release of the movie, the producer received a phone call from the Kolkata Police and a letter asking for an advance screening of the film for senior officials. The letter stated that the contents of the film might hurt public sentiments, which may lead to political law and order issues. 

The petitioner then informed the Joint Commissioner of Police, Kolkata that his office does not have the jurisdiction to seek advance private screening prior to the release for the senior officials. No further communication was received from Kolkata Police. The petitioner proceeded with the release of the film. Within a day of its release in Kolkata and a few districts of West Bengal a great majority of the exhibitors abruptly took the film off their screens on 16 February 2019 without a communication from the producers.

The petitioners had argued that the State of West Bengal is misusing police power and is violating the Petitioners’ fundamental rights guaranteed under Articles 14,19(1)(a), 19(1)(g) and 21 of the Constitution of India. 

The main issue before the court was whether the state and its agencies had resorted to “extra constitutional means to abrogate the fundamental rights of the producer, director and the viewers.”

The bench observed that the police are not in a free society the self-appointed guardians of public morality. The uniformed authority of the force is subject to the rule of law. They cannot misappropriate to themselves the authority to be willing allies in the conquest of conflict and obstruction of speech and expression. The Court also noticed that the Joint Commissioner was not unmindful of the fact that the film had been slated for release within a few days of his communication in theatres across the city of Kolkata and the State. Hence the court stated that freedom is not a supplicant to power.

The court directed the State of West Bengal to pay the petitioner Rs.20 Lakhs and 

Rs. 1 lakh towards the cost of proceeding within a period of one month.