Supreme Court issued notices to Centre, Delhi, Madhya Pradesh, Uttar Pradesh and Uttarakhand governments on her plea.
Published Jan 20, 2023 | 3:45 PM ⚊ Updated Jan 20, 2023 | 4:04 PM
Leena Manimekalai. (Twitter)
The Supreme Court on Friday, 20 January, protected documentary filmmaker Leena Manimekalai from any coercive steps (including arrest) in the existing six FIRs registered against her in Uttar Pradesh, Madhya Pradesh, Uttarakhand and Delhi, or any other FIR that may be registered for portraying Goddess Kaali smoking in a poster of her documentary film.
Madurai-born Toronto-based Filmmaker Leena Manimekalai is a Tamil poet whose works are recognised and awarded.
Issuing notice to the Centre, Uttar Pradesh, Madhya Pradesh, Uttarakhand and Delhi governments on the plea by filmmaker Leena Manimekalai seeking the quashing of the FIRs and protection, a bench of Chief Justice DY Chandrachud and Justice Pamidighantam Sri Narasimha posted the matter for further hearing on 17 February.
“Issue notice to the respondents. List on 17 February, 2023. No coercive steps shall be taken against the petitioner either on the basis of FIRs or pursuant to any FIR which may have been lodged or may be lodged in relation to the same matter,” the court said in its order.
The top court order directing no coercive step against Leena Manimekalai has also stalled the lookout notice, rooted in these FIRs, issued against Leena Manimekalai.
Asking the senior lawyer Kamini Jaiswal, appearing for the filmmaker Leena Manimekalai, whether they have already filed an application for the clubbing of the FIRs, the bench said that the lodging of FIRs in different states may cause serious prejudice to the filmmaker and issued notice to the states for the consolidation of all the FIRs at one place.
Manimekalai has approached the top court seeking protection and quashing of the FIRs registered against her in several states relating to the poster showing the smoking Goddess Kaali.
Describing Manimekalai a Tamil poet whose works are recognised and awarded, senior advocate Kamini Jaiswal told the court Manimekalai’s attempt as a creative filmmaker was not to offend the religious sentiment of anyone but to depict the image of a radically inclusive goddess.
The filmmaker, who has multiple FIRs against her, said she has received many calls threatening her with death, beheading, rape and murder after she tweeted the poster of her film, Goddess Kaali.
She said that she has also received calls for violence against her family members and crew members.
The storm over the smoking Goddess Kali poster was kicked off after Manimekalai posted a poster of her film portraying Goddess Kali smoking.
On 2 July last year, she tweeted the poster of her documentary — Kaali — which also had an LGBTQ+ flag in the background.
The poster sparked huge controversy as many took to Twitter and other social media criticising the filmmaker for hurting religious sentiments.
After receiving threats on social media, Manimekalai posted a tweet in Tamil which read “The film revolves around the events that take place one evening when Kali appears and strolls the streets of Toronto. If you see the picture, don’t put the hashtag “arrest Leena Manimekalai” but put the hashtag “love you Leena Manimekalai”.
Canada’s Aga Khan Museum, which had scheduled a screening of the film as part of the ‘Under the Tent’ project, cancelled the event after its poster courted controversy.
Several cases were filed against Manimekalai and the poster after the filmmaker put it out on Twitter.
A lawyer from Delhi, Vineet Jindal, filed a case against her claiming that the poster is “hurting the sentiments and beliefs of the Hindu community”. Delhi police filed an FIR against Manimekalai under various sections of the IPC and IT Act — 295A, 298, 505, 67 I.T Act and 34 IPC — for hurting Hindu religious sentiments.
Gau Mahasabha Member Ajay Gutham sent a complaint to the Delhi Police commissioner and the Ministry of Home Affairs, citing the same reason.
The case in Uttar Pradesh was filed at Hazratganj Police Station in Lucknow, on charges of criminal conspiracy, offence in the place of worship, deliberately hurting religious sentiments and intention to provoke a breach of peace. The FIR was filed under sections 120-B, 153-B, 295, 295-A, 298, 504, 505(1)(b), 505(2), 66 and 67 of the Indian Penal Code (IPC).
A suit was filed against her in the Delhi High Court seeking an interim injunction to restrain her from depicting goddess Kaali in the way it is depicted in a poster and video. The suit was filed by Advocate Raj Gaurav.
