‘Won’t release Thug Life in Karnataka until dialogue with KFCC’: Kamal Haasan to High Court

After reading out a portion of Haasan’s reply to KFCC, Chinappa said, “One way is to say I apologise… another is to explain the circumstances in which the statement is made, and also to express his affection for people and the language of Karnataka”.

Raajkamal Film Ventures filed a plea in the court for police protection for the release of Thug Life in Karnataka, where Kannada activists and the Kannada and Culture Minister Shivaraj Tangadagi have sought an apology from the actor.

In response to an oral observation of the court regarding the absence of “one sentence” in a seeming reference to the lack of Haasan’s apology, Chinappa said a compulsion should not be there regarding this. The court replied that it was not an issue of compulsion but of grace. The court also observed that while there were many ways of clarification, there was only one way to seek an apology.

Chinappa added that Haasan’s statement regarding his affection for Kannada was made with great sincerity. “In everything that can be possibly said to reflect his intention, an apology is required if there is malice. If there is no malice and there is a misunderstanding, it is a different thing”.

Earlier in the day, Justice Nagaprasanna suggested that Kamal Haasan should express regret if the sentiments of people in Karnataka had been hurt by his recent remarks on the origin of the Kannada language.

In response to a query from the bench about whether sticking to ego was the reason for the lack of an apology, Chinappa replied that it was not so. “He has said that art can wait, the release can wait in Karnataka. We will not release the film in Karnataka,” said Chinappa, and requested a week’s adjournment. “If they are willing to discuss it, we will have a dialogue with KFCC”.

The court stated in the order, “The situation of the petitioner being at the doors of this court is triggered on the audio launch of the movie Thug Life… The statement that was made is that the language Kannada is born out of the language Tamil. This stirred the hornet’s nest among the people of Karnataka, holding that it has undermined the sentiment of language attached to the people of Karnataka. In the interregnum, the movie Thug Life is set to be released all over, including the state of Karnataka”.

“KFCC is said to have issued certain statements that they would not be permitting the movie to be screened… The petitioner is not for now willing to screen the movie in Karnataka unless he would encourage a dialogue with KFCC. In that light, the learned senior counsel submits that the matter may be adjourned to enable them to have a dialogue, and if there is any settlement that is arrived at between the parties with regard to acceptance of what is communicated to KFCC, the issue would be put at rest.”

“The learned senior counsel would add that KFCC had demanded an apology for having allegedly undermined the sentiment of the people of Karnataka qua the language, ie Kannada. The letter addressed to KFCC is in response to the demand for an apology, but the word apology is not found in the communication… In light of the statement of the senior counsel, on instructions, that the screening of the movie would not be insisted upon in the state of Karnataka until the dialogue would yield any results, the matter stands adjourned to June 10 at 3.30 p.m.”

‘Language of cinema’

Meanwhile, in a letter to KFCC Tuesday, Haasan expressed his “pain” that his statement at the film’s audio launch was out of affection for the family of Dr Rajkumar, including Shiva Rajkumar, was misunderstood and taken out of context, as he wanted to convey that they were from the same family.

He also expressed his admiration for the Kannada literary and cultural traditions, the warmth extended to him by Kannadigas, and his love for Kannada. He said his bond with all the languages of the land was heartfelt, and he was opposed to the dominance of any one language as it would undermine the linguistic fabric of India. He added that as a speaker of the “language of cinema”, his statement was only intended to establish a bond and unity.

Haasan also said he hoped his words would be received in the intended spirit, and reiterated his affection for Karnataka and Kannada. He concluded his letter by stating his belief that the misunderstanding was temporary and another opportunity to “reiterate our mutual love and respect.”

‘C Rajagopalachari apologised’

Earlier in the day, the bench raised several questions regarding the actor’s statement and whether he would apologise. Chinappa stated, “Quite clearly, the release of the movie cannot be stopped… Neither KFCC nor the Karnataka Government can stop it. Another superstar of Kannada cinema, Mr Shivraj Kumar, was present in the audience, and a statement was made welcoming him… That statement can’t be taken outside as if there was some intention to say something against Kannada.”

Noting that the reply made by Kamal Haasan afterwards (also submitted in the court) was not an apology, the bench observed, “A citizen has no right to hurt the sentiments of the masses. People are very emotional about three things – Jala, Nela, and Bhashe (water, land, and language)… The division of the country into states was on linguistic lines. If a public figure makes a statement… What has happened because of that? Unrest, disharmony… What did the people of Karnataka ask – to apologise. Now, you have come before this court seeking police protection in the circumstances created by you.”

During the argument, Justice M Nagaprasanna said the last Governor General of India, C Rajagopalachari, remarked in 1950 that Kannada was born out of Tamil, but later apologised after being corrected by Kannada writers. “It may not be drastically wrong. But what is it that is making you stick to your guns, saying that I will not utter a word of apology? All that is required to be said is that I have hurt the sentiments. All’s well that ends well,” Justice Nagaprasanna said to the counsel for Kamal Haasan.

“Now you want your film to run smoothly in a state where sentiments are hurt. If you are not so bothered, why do you want the film to run in Karnataka – leave it. Fundamental right of speech, freedom of expression are alright, but freedom of expression cannot be stretched to the extent of hurting someone’s sentiments, of the mass in particular,” Justice Nagaprasanna said.

“All he needs to say is the context in which he has spoken, and that it is not to hurt anyone’s statements and if it has … Discretion is the best part of valour. That is all there is. We will not let the sentiments of anyone be taken for a ride like this by a public figure in a public forum. Mistakes happen, and we are not here for confessions. When mistakes happen, you should know what to do,” Justice Nagaprasanna said.

‘Language is important’

The counsel for Kamal Haasan argued that Haasan’s statement was taken out of context. “It was not a seminar on Kannada on Tamil language. It was taken out of context. Our intention is to defuse the situation,” the counsel said.

“I am only saying that a person creates a circumstance, and the circumstance only results in disharmony and likely unrest. If you are aware of the consequences, then you should say it. He is also a citizen of the nation. You are letting it go beyond control, and it is your film,” Justice Nagaprasanna pointed out.

“The division of this country was on linguistic lines. So, language is important. In terms of law, we will consider. That is a different thing. But, no person can undermine the sentiment of the people of Karnataka as you have done now, saying your language is born to that or Tamil language is the mother of Kannada language. On what basis? Are you a historian or are you a linguist?” asked Justice Nagaprasanna.

“It is in the public domain that C Rajagopalachari in 1950 made a similar sort of statement. At that time, Hampanna wrote a letter to C Rajagopalachari, and he immediately issued a public apology that his statement was wrong. Now, 75 years later, the same statement is made. C Rajagopalachari had apologised,” Justice Nagaprasanna stated.

“I saw a paragraph here saying that for the first time, so many things are happening. A ₹ 300 crore film has been made, and that after Nayakan, this is the first movie of Manirathnam and Kamal Haasan together. You know the importance, but cannot make a statement,” he said.

Petition in High Court

The producers of Thug Life moved the Karnataka High Court, seeking protection to ensure the smooth release of the film in the state after the Karnataka Film Chamber of Commerce stated that the film would not be allowed a release in the state until Kamal Haasan apologises for a statement he made about Kannada.

In the writ petition filed before the high court, Raaj Kamal Films International said the comment was only made to express cultural solidarity, and had been selectively quoted afterwards. It also expressed apprehension that the police were unlikely to extend protection to those associated with the film, and the audience upon release.

The petition submitted that the film had obtained the relevant certifications and any ban on it would interfere with the fundamental right “to carry on…business” under Article 19 of the Constitution as well as the rights of the audience to watch the film. Once the certification from the Central Board of Film Certification (CBFC) was obtained, the petitioner would be entitled to peacefully exhibit the film, and any steps taken to obstruct the release would be illegal and a challenge to CBFC’s authority.

It also stated that a ban on the film would cause crores in loss, and that irreparable harm might occur if interim relief was not granted to Raaj Kamal Films in the matter. The petition requested that the court issue a writ of mandamus restraining any measures against the film’s release.

The plea also sought a direction to the state police to provide security to those associated with the film, the audience, and film exhibits on the day of release and subsequent screening. It requested that the KFCC be restrained from giving any orders related to a ban on the release of Thug Life in Karnataka.

Earlier, after pro-Kannada organisations staged protests in cities including Bengaluru, Belagavi, Hubballi, and Mysuru, demanding an apology, Haasan clarified in Chennai that his remarks stemmed from “love” for the language. “I think what I said was said with a lot of love. Historians have taught me the language’s history… I didn’t mean anything,” he said.

Karnataka Minister for Kannada and Culture Tangadagi wrote to the Karnataka Film Chamber of Commerce on May 29, urging that all films featuring Haasan be banned in Karnataka if he failed to apologise. Karnataka Chief Minister Siddaramaiah also weighed in, asserting that Kannada has a long and well-documented history.

Karnataka BJP state president B Y Vijayendra accused Haasan of “disrespecting Kannada to glorify his own mother tongue,” calling for an unconditional apology.