The Supreme Court refused to interfere with its earlier order permitting the nationwide release of the animated film Mahaprabhu Jagannath, dismissing applications moved by the Odisha government and the Shree Jagannath Temple Administration seeking reconsideration of the decision.
A Bench comprising Justice BV Nagarathna and Justice R Mahadevan reiterated that it would not curtail artistic expression merely because certain individuals found the portrayal of a revered deity objectionable.
The Court had, on July 17, permitted the film’s release after the conclusion of the Jagannath Rath Yatra in Puri. The festival concluded on July 28, thereby clearing the way for the film’s release under the earlier order.
During today’s hearing, Odisha’s Advocate General Pitambar Acharya, appearing for the temple administration, sought modification of the earlier order. He submitted that the filmmaker had agreed to make certain changes following a special screening attended by religious representatives and members of the temple committee.
According to the submissions, objections had been raised over the film’s fictionalised depiction of Lord Jagannath. The temple administration had also approached the Central Board of Film Certification (CBFC) with its concerns, while the Odisha government had separately communicated the issue to the Union government.
Acharya argued that the producer had agreed to remove at least one portion of the film but had subsequently maintained that the movie was entirely fictional. He contended that the earlier order permitting release was based on a certification which remained open to judicial scrutiny.
The Bench, however, was not persuaded to alter its earlier direction.
Justice Nagarathna cautioned against a judicial approach that could potentially place restrictions on artistic and literary representations of Hindu deities and mythology merely because some individuals considered a particular depiction offensive.
The Judge observed that India has historically witnessed multiple interpretations and artistic retellings of epics such as the Ramayana and Mahabharata. She questioned whether courts could consequently prohibit every artistic representation of Hindu gods and goddesses.
The Bench also noted that the film was an animated production intended for children and emphasised that creativity could not be subjected to judicial censorship merely on the basis of individual sensitivities.
Justice Mahadevan pointed out that the film had already received certification from the CBFC.
The temple administration, however, maintained that its objections were not directed merely at artistic liberty. It alleged that the producer had failed to honour assurances given during a special screening regarding proposed modifications to the film.
Senior Advocate Devadatt Kamat, appearing for the producer, disputed the claim that any binding assurance had been given. He also informed the Bench that members of the temple committee had walked out of the screening.
Kamat submitted that the film was not intended to portray Lord Jagannath in a derogatory manner and was centred on a child who offers prayers to the deity.
After hearing the parties, the Bench declined to modify its July 17 order and dismissed the applications.
The Court, however, indicated that the filmmakers remained free to make any alterations they considered appropriate. Justice Nagarathna made it clear that the judiciary could not assume the role of an arbiter of artistic choices.
The dispute had originated before the Orissa High Court, which had temporarily restrained the nationwide release of the film on July 15. The High Court’s intervention came in a public interest litigation filed by Mahesh Kumar Sahu.
The High Court had expressed apprehension regarding the potential impact of the film’s release during the Jagannath Rath Yatra and its possible implications for public order and religious sentiments. It had consequently directed the producer to halt the release temporarily.
The producer, Ele Animations Pvt. Ltd., subsequently approached the Supreme Court against the High Court’s intervention. The apex court’s July 17 order allowed the film to be released after the Rath Yatra festivities.
The controversy arose after the film’s teaser was released in June. The Shree Jagannath Temple Administration subsequently raised objections concerning the film’s depiction of the deity and alleged deviations from established Jagannath traditions and religious narratives.
Following the objections, the film was screened before the Puri Gajapati Maharaja and members of the temple administration. The parties subsequently differed over whether the producer had committed to making substantive changes to the film.
The Supreme Court’s latest decision leaves its earlier release permission intact, while underscoring the limits of judicial intervention in matters involving artistic expression, particularly where objections are founded primarily on differing perceptions of religious representation.
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