On January 20, the division bench of the Supreme Court led by Chief Justice Dr. DY Chandrachud and Justice PS Narasimha heard filmmaker Leena Manimekalai's petition challenging the numerous FIRs reported against her in multiple states over the poster of her documentary titled "Kaali". While authorising notice to the states, the bench instructed that no coercive action be taken against the filmmaker, either on the basis of FIRs that had already been lodged or on the basis of FIRs that might be embedded in relation to the Kaali poster row. The court also noted that, at this stage, filing FIRs in multiple states may cause serious prejudice to Manimekalai, and thus issued notice to states on a petition requesting that all FIRs be consolidated in one location in accordance with the law.

Manimekalai's lawyer, Kamini Jaiswal, argued that the petitioner was a well-known Tamil poet and filmmaker whose work had been recognised and honoured. She claimed that several FIRs had been filed against the petitioner in connection with the screening of her short film "Kaali" in several states, including UP, MP, Uttarakhand, and Delhi. She also stated that there may be other FIRs filed against the petitioner that they are unaware of, and that these FIRs may result in additional FIRs being filed against her. As a result, she claimed that the petitioner could face coercive proceedings in other states.

While delivering the order, CJI DY Chandrachud stated:

"A lookout circular has also been issued against the petitioner. Issue notice to the respondents. List on 17th 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."

He added–

"Ms Jaiswal submits that the petitioner is a graduate student at York University in Canada. She has produced a short film "Kaali" depicting the goddess. The submission is that there is no intent to hurt religious feelings. The object of the film was to depict the goddess in an inclusive sense. At this stage, it may be noted that the lodging of FIRs in multiple States may be of serious prejudice. We are inclined to issue notice so that all FIRs can be consolidated in one place in accordance with the law. The petitioner shall then be at liberty to pursue a remedy under Section 482."

Case Title: Leena Manimekalai v. UoI And Ors. 
Citation: WP(Crl) No. 8/2023

Appearance of Advocates:

For the petitioner:

Ms. Kamini Jaiswal

Ms. INDIRA UNNINAYAR