Apologies if this commentary reads more like a news report, but extensive quotations would be best to articulate the moral courage displayed by the Bombay High Court ~ it is refreshing to use that name when olde world values are being emphasised ~ at a point in time when the market seems to be running out of velvet gloves for those who were expected to be forthright in defending the freedom of expression in the context of the Padmavati controversy. “India was cutting a very sorry figure as people could not voice their opinions,” lamented Justices SC Dharmadhikari and Bharti Dangre who noted with “distress” how “continued threats” were stifling public opinion. “Here we have a situation in which a chief minister says he will not allow the film to be released. Tomorrow, people will not be able to convene meetings and express their views”.

Insisting that the image of the country was being damaged, the court asked “in which other countries are artistes and performers threatened? It is distressing to know that a person makes a feature film and several people work tirelessly towards it, but (he) is not able to release the film because of continued threats, what have we come to?” Their Lordships continued, “Today somebody says I will give a reward to anyone who kills an actress… people are taking pride in saying this… this does not augur well for the state… this is censorship of a different kind.”

Making it clear they were viewing things in a larger perspective and referring to action taken elsewhere after violence and intolerance is displayed, the court regretted that “our country’s agencies have not learnt anything from past incidents like the attack on Parliament and the Prime Minister.” Having previously commented on the killing of journalist Gauri Lankesh in Bangalore, the Bench raised pointed queries on the stalled probes into the killings of rationalists Narendra Dabholkar and Govind Pansare, ridiculed the stand of the investigating agencies that they “have not given up” and asked if senior officers had queried the lack of progress.

The High Court has raised the very issues from which senior ministers at the Central and state levels have backed off. And to be honest, issues on which the apex court has hesitated to express any categorical view. This silence at the highest level has had a snowballing effect and the right to dissent has been diluted by the liberal slamming of “sedition” charges and allegations of being anti-national. And there are an increasing number of others ~ gau rakshaks for example ~ who do not have any reservations over taking the law into their own hands. Can some people be blamed if concerns about free speech and expression are beginning to haunt again?