Supreme Court transfers all FIRs against filmmaker for depicting Goddess Kali smoking a cigarette to Delhi

Leena Manimekalai is the maker of the documentary film Kaali. A poster of the film created controversy for showing the Hindu goddess puffing at a cigarette. Leena is currently based in Toronto.

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THE Supreme Court on Monday transferred all the first information reports (FIRs) against filmmaker Leena Manimekalai for depicting the Hindu Goddess Kali smoking a cigarette in a film to Delhi. It also extended protection to her from arrest till the police file an appropriate report under the Code of Criminal Procedure, 1973 (CrPC). Under the CrPC, the police, upon investigation, can either file a chargesheet or a closure report.

A three-judge Bench comprising Chief Justice of India (CJI) Dr D.Y. Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala passed the order to this effect, ignoring the plea of her counsel, advocate Indira Unninayar, to quash the FIRs.

The Bench, however, granted liberty to her to approach the Delhi High Court under Section 482 (saving of inherent power of high court) of the CrPC to seek quashing of the FIRs.

The Bench clarified that the order would also be applicable to any further FIRs which might be registered against her for the same film.

Additional Solicitor General of India, Aishwarya Bhati, for the Delhi police, urged the court to direct Manimekalai to appear before the police in order to cooperate with the investigation. The CJI, however, observed that Manimekalai is a young girl staying abroad, adding that the police could speak to her over a video call.

On January 20, the Supreme Court had issued notice to the governments of Uttar Pradesh, Madhya Pradesh, Uttarakhand and National Capital Territory of Delhi, seeking their response to the plea seeking consolidation of all the FIRs at one place, while granting protection to Manimekalai from arrest.

A lookout circular was issued against Manimekalai in Bhopal in July last year.

Currently based in Toronto, she came under fire from rightwing Hindu groups last year when she shared the poster of her film Kaali via her Twitter account. The poster depicts Goddess Kali smoking a cigarette and carrying the LGBTQIA+ rainbow flag. Some right-wing organisations and leaders claimed that the poster hurt their religious sentiments.