Despite agreeing to remove certain portions from his movie Vishwaroopam considered objectionable by Muslim organisations, actor Kamal Haasan suffered yet another setback after the first bench of the Madras high court quashed Tuesday’s single judge order allowing the movie release on Wednesday.
The order came as a body blow to an emotionally-charged Kamal, who, earlier in the day, said he would shift to some other secular state or country. The first bench comprising acting chief justice Elipe Dharma Rao and justice Aruna Jagadeeshan set aside the interim order of justice K. Venakataraman who allowed the movie screening on Wednesday.
Disposing of the writ appeal filed by the government, the bench also directed the government to file its counter affidavit before justice Venkataraman on Monday.
The bench also requested the single judge to take up all writ petitions connected to the subject on Wednesday February 6 or any other day convenient to him for disposal.
The Madras high court bench set aside the interim single judge order on the ground that the order, which was in the nature of granting the main relief, was passed before the respondent TN government filed its counter affidavit that automatically makes the pending writ petitions infructuous.
While advocate general A. Navaneethakrishnan argued that writ petition was not maintainable as the petitioner had moved the court without exploring options in sub section 4 and 5 of section 144 of CrPC, which allows recall or relaxation of the order by the issuing authority.
However, senior counsel P.S Raman, appearing for the actor, contended the invoking of section 144 and said the power had been exercised unfairly and stereotype orders have been passed by authorities concerned throughout the state without application of mind.
Referring to the 2011 ‘Aarakshan’ movie case and the certification issued for Viswaroopam by three different committees in Hindi, Tamil and Telugu, Mr Raman argued that the government was indirectly using 144 as ruse to do something, which it could not do directly. Referring to the successful and peaceful screening of the movie in other states, Mr Raman said that only in TN, the government had invented an apprehension, with ulterior motives.