No restraint order by Calcutta High Court on release of 'The Diary of West Bengal'

Kolkata: The Calcutta High Court on Thursday did not pass any interim order on the release of a Hindi film observing that in a democratic setup, any healthy criticism should not be stopped.

A PIL was moved before the high court praying that the release of The Diary of West Bengal be restrained, claiming that it seeks to depict the chief minister of the state in poor light.

The movie is scheduled to hit the screens on August 30.

A division bench presided by Chief Justice T S Sivagnanam, in its order, said that though it was not inclined to entertain the petition, but since the senior advocate representing the petitioner expressed his desire to make detailed submissions in support of his petition, the matter be listed for hearing after three weeks.

The Chief Justice said, "We are in a democratic setup" and any healthy criticism by way of a biopic should not be stopped.

"We are a tolerant society, West Bengal has been a tolerant society," the bench, also comprising Justice Hiranmay Bhattacharyya, said.

Petitioner's lawyer Joy Saha claimed before the court that the Sanoj Mishra-directed movie also seeks to foster disharmony between two communities.

The bench said that over petitions seeking a ban on a book, a movie or a play, the Supreme Court has decided that it is up to the people whether they would watch or read those or not.

The court also questioned the locus standi of the person who moved the PIL, saying that if someone who has been depicted in the movie feels aggrieved, that person can approach the court.

The bench said that the petitioner could move the Central Board of Film Certification (CBFC) seeking cancellation of the certificate for release of the movie in contention.

The lawyer representing the CBFC submitted before the court that it has granted a certificate for release of the movie.