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Calling the order as "arbitrary", division bench of Chief Justice Swatanter Kumar and Justice Dhananjay Chandrachud said that state cannot transgress on fundamental rights of the citizens for "the purpose of its convenience".
The film, directed and produced by Kamal R Khan, was banned in Maharashtra on November 12 last year. It was released elsewhere in the country, but the state did not change its stand even after the High Court asked it to review the decision.
As the film came on the heels of Raj Thackeray's anti-north Indians agitation, government feared violent reaction.
But Justice Chandrachud, in his individual order, said, "Though we have increasingly become vulnerable to violence from outside the nation, as recent events would show, it is important in the time of crisis to reaffirm, rather than revise, our commitment to our core constitutional values."
Referring to an apprehension in police's internal correspondence about Raj Thackeray's party exploiting the film for its agitation, Chandrachud said: "State is not powerless if any segment of the society, be it a political party or its protagonist, preaches hate towards those who originated elsewhere."
"State ought to have firmly dealt with those preached hatred and instigated violence...but ironically it tried to suppress those who tried to express anguish of the victims," Chandrachud added.
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Well, lo kar lo baat; for if any one if at all are hated, ridiculed and sidelined they are the helpless Maharashtrians in their own capital city here. If some one should be hanged, it is the ones who are causing all this njghtmare for us. Why has Mumbai become so ugly in last 20 -25 years or so if not by a planned influx of "so called poors" from certain parts of India? Poor , my foot, they have come in to make us poor in all respects.What is wrong in raising voice and agitating against this kind of apertheid? Suppression of patriotic Maharashtrians has caused the current situation in India similar to the one that existed before emrgence of Maratha power in India in the not so distant past - note this well you ignorant fools .What is going on around us is utter nonsense, has any one noticed that at all? Or is it to be taken as the new system however disgraceful it is?
Lets get a few things right. 1)That Raj Thakeray is no messiah, Mumbai due to its cosmopolitan nature does not offer a single, reliable vote bank to political parties and hence the issue of Maharashtrians is raised over and over again to secure that one vote bank, 2)The current apathy of Mumabi is a consequence of bad administration and corruption on the part of our political and civic authorities, 3)Mumbai is a proud cosmopolitan business city, and it respects merit and not region, it respects hard work, and hence it is 'Mumbai' and I highly doubt if 'Marathis' alone could have taken Mumbai to where it is, if they could have then why don't they show their wonders in other cities of Maharashtra? 4) If we are all so convinved by the migration - Mumbai plight logic then why don't we encourage surveys wherein institutes involved in Social Sciences and NGOs would help document data of migratory inflow and impact on Mumbai?Lastly, I believe that we could always find differences and always find reasons to hate, the greater ideal lies in overcoming differences and not hating.
Let us see who has the balls to challenge my writing embedded in Stone, guys like Raj Thackeray should hacked in an encounter, should be hung on public square and let that be a lesson for other hate mongers that we will not put with worthless politicans and there fate will like this , you know what as a bonus throw in Bal Thackeray as well
You cannot counter hatred with hatred. Those who preach hatred are cowards and real enemies of nation. The sad part is that the Mumbaikars didnot unite in condemnation of goondas of MNS as it did when it united in condemnation of terrorism. Let us not forget terrorism within. And when we recognize it, let us not preach hatred. The likes of Raj are either ignorant or so selfish that they put their political interests above that of nations. Tomorrow some national party for political reasons will tie up and give credibility to MNS. Then don't go and vote for either.