K. Venkataraman, J. - (1.) POSING that the film 'Dasavatharam', the name by itself and certain scenes in the said film would hurt the feelings of the Hindus more so the Vaishnavites, the petitioners have approached this Court for stalling the release of the said movie.
(2.) W.P.No.11983 of 2008 has been filed for issuance of writ of mandamus directing the first respondent to cut and remove the offending scenes in the film 'Dasavatharam' mentioned thereon while issuing Censorship Certificate and forbear respondents 2 and 3 from releasing the said picture without effecting removal of such offending scenes. W.P.No.12929 of 2008 has been filed for writ of mandamus forbearing the screening of the production called 'Dasavatharam' produced by the second respondent and to give suitable directions to the third respondent in the said writ petition viz., the Secretary to Government, Home Department, to take adequate measure for protecting the life and safety of the general public and directing the first respondent to withdraw the certificate granted for screening the movie. The short facts which led to the filing of the writ petition in W.P.No.11983 of 2008, as put forth by the petitioners, are as follows:- (a) The petitioner society in W.P.No.11983 of 2008 was formed to protect and propagate the Vaishnava Dharma. The Vaishnavites preach tolerance and non-violence. The mantra of Dasavathara Thirunamams are chanted by them. The sacred name 'Dasavatharam' is yet others name of Sriranga Ranganathar. 'Dasavatharam' depicts ten incarnation of God namely Macha, Koorma, Varaha, Narasimha, Vamana, Parasurama, Rama, Balarama, Krishna and Kalki. (b) On 01.05.1998, the T.V. Channel telecast directly the release trailer in Kalaignar Tholaikatchi with respect of 'Dasavatharam' Tamil Talkie Film featured by Sri Kamala Hassan, directed by Sri Ravikumar and produced by M/s.Oscar Films (P) Limited. The special function was being intercepted by the telecast of the trailer of 'Dasavatharam' film. Some of the scenes in 'Dasavatharam' were video recorded and scanned. The title given to the Tamil Talkie picture sarcastically ridicule the Hindu religious sentiments in disguise. The title 'Dasavatharam' has given attraction and lure the Hindus. The offensive scenes such as clash between Saivaites and Vaishnavites occupy the theme of the story. It is contrary to past events recorded and registered in the history. It wounds the feelings every sect of Hindus. (c) On 01.05.2008, the President of the petitioner society received several phone calls from public who follow and embrace Hindu faith in connection with some of the offensive scene telecast in the trailer of Tamil film 'Dasavatharam' produced by the second respondent and directed by the third respondent. The public in general and Vaishnavites in particular sect among Hindus are very much agitated and offended by giving title to the screenplay as 'Dasavatharam'. Though there is no intellectual property in the use of title of 'Dasavatharam', but it offends the religious faith. (d) The trailer of 'Dasavatharam' showed offending scenes particularly the hero of the film Mr. Kamala Hassan steps on Pranava Mantram "Om" and gains force to tramp on Bhagavat Gita. It offended the sentiments of every Hindu particularly Vaishnavites like the members of the petitioner society. In the history of Ramanujachariar, none of the Vaishnavites took to violence. It is seen that Mr. Kamala Hassan, who acted in the role of Ramanujar was tied along with idols of Sriranga Ranganathar and was pushed into the sea by the Saivaites. In the history, there was no such incident or occurrence. Further it was exaggerated in the screenplay, which will promote clash between Saivaites and Vaishnavities. Even if it is alleged that they were part history, it need not be screened in such a way to create hatred and violence. (e) In the meeting held on 01.05.2008, a resolution was passed for removal of the offending scenes and religious clash. The offending scenes like religious clash between Saivaites and Vaishnavites, terrorism and violence, Mr. Kamala Hassan's Adventure stepping on Pranava Mandram "Om" to gain force and tramped on Holy Bhagavat Gita abuse of title and mantra 'Dasavatharam' and such other scenes. Thus, the petitioner society has come forward with the above writ petition for the relief set out earlier.
(3.) THE case of the petitioner in W.P.No.12929 of 2008 in nutshell is as follows:- (a) THE picture 'Dasavatharam' has been deliberately taken for screenplay with a view to fool the general public to denigrate the Hindu religion and thereby hurt the sentiments of the people in their faith of Hindu religion and wounding them irreparably. THE two counts are (i) use of the term 'Dasavatharam' not connected to the movie and (ii) depicting certain things that are not true account of history. (b) THE name of 'Dasavatharam' has been deliberately used with a view to convey the general public that the picture is a religion based one but in truth, it is a mockery of Hindu religion. It could trigger violence, social unrest and even riot. Above all, it will seriously wound the feelings of the people in general and Hindus in particular for the very use of the noble and sacred name 'Dasavatharam' to a picture not connected to Hindu religion. THE incident of removal of the Pallikonda Ranganathar and throwal of it in the sea is contrary to the truth. THE relevant king at that time is Kulothungha Chozhan - II. In fact, he had constructed the Great and Mighty Vaishnava Temple at Raja Mannarkudi. While so, he could not have removed and thrown the deity into the sea. THE temple referred to is Chidambaram and to this day, the Pallikonda Ranganathar is there. (c) THE scene in the movie shows tying of the Great Ramanujachariar with the deity for being thrown into the sea and in fact, a scene showing the throwing has been shown. THE incident of throwing has never happened. By showing this scene, a hatred and conflict between Saivaities and Vaishnavites is sought to be created. THE movie also shows that the great Ramanujachariar has killed several Saivities, which is not a fact and even if it be a fact, it ought not to be shown for that would trigger violence and instances are many that Governments have suppressed such a showing. Thus, the petitioner in the said writ petition has come forward with the relief of mandamus referred to above. Counter affidavit has been filed by the first respondent Censor Board in W.P.No.11983 of 2008, which brings about the following facts:- (a) The petitioner had not explained as to how the title 'Dasavatharam' sarcastically ridicules or denigrates the religious sentiments of Hindus in disguise. The petitioner had not explained how and why the title of the film 'Dasavatharam' offends the religious faith. The title 'Dasavatharam' does not violate any of the guidelines issued under the Cinematograph Act. Hence, there cannot be any reason to object the said title. In fact, decades back, a film titled "Navarathri" which means 'nine nights' starred by late Mr.Sivaji Ganesan, was similarly certified and drew no offence from sections of public. Moreover, CBFC has also certified films with social message, carrying titles like 'Avatharam', 'Kalki', etc. (b) The film does not contain any clash between the Saivaites and Vaishnavites. On the contrary, it only picturises a scene where the Chozha King Kulothunga - II, who is known for his staunch faith in Shaivism, persecuted the Vaishnavites including their Guru Sri Ramanuja, which are in conformity with history. (c) The allegation that Mr.Kamala Hassan, the main character of this film is non believer of god, need not be taken cognizance by CBFC in certifying the film. The first respondent had not certified the scenes such as the stepping on Pranava Mantram or tramping on Bhagavat Gita. Mr.Kamala Hassan has not played the role of Sri Ramanuja as claimed by the petitioner, instead he had played a character called Rangarajan Nambi, an ardent disciple of Ramanuja and makes a supreme sacrifice due to his 'Gurubakthi'. He even fights with the King's soldiers who attempt to remove the idol of Govindaraja from the Temple of Chidambaram. But he was subdued by the King's might and when the King orders him to chant Panchakshara Mantra 'OM NAMASHIVAYA', contrary to the expectation of the King, he chants the 'Ashtakshara Mantra' (OM NAMO NARAYANA) with all the fervor and for this he was tied with the idol of Lord Govindaraja and thrown into the sea, the natural abode of Lord Mahavishnu. (d) It is a historical fact that the Chozha King Kulothunga-II, persecuted the Vaishnavites and Shri Ramanuja, who escaped from his clutches had lived in self exile in Mysore. Kulothunga-II made attempts to find Shri Ramanuja and in his efforts he even blinded Koorathalvar, one of the popular Vaishnavite saints, known for his Gurubakthi. (e) The petitioner's presumptions are based on his imagination and the film does not contain any violent sectorial clash between Saivites and Vaishnavites and no scene in the film seems to create hatred sect. This film pleads for abhorrence of religious intolerance and extremism among religious sects. (f) The examining committee of the film has previewed the film on 22.04.2008. After fully convinced that this film does not violate any of the Cinematograph Guidelines in its certified form, has issued a certificate with 'U' classification subject to cuts. The examining committee had not seen any such scene where either Mr.Kamala Hassan in any of the roles played in the picture steps on Pranava Mantra or tramps on the Holy Baghavat Git, which is evidenced by the endorsement to the certificate with cut list. Even without viewing the film, the petitioner preferred this petition, which is highly premature and is not maintainable. The impact of any scene or any part of the film can only be assessed, after viewing the film in its entirety. Thus, the first respondent prays for the dismissal of the writ petition.;