New Delhi: Justice D K Jain, who is part of a Supreme Court bench hearing producer-director Sohan Roy`s petition challenging Tamil Nadu government`s ban on screening of his film `Dam999` in the state, has recused himself from the matter, after which the hearing on it was adjourned today.
Justice Jain did not want to be part of the hearing as he is heading the Constitution Bench examining the Mullaperiyar dam row between Tamil Nadu and Kerala.
Roy`s petition, which was mentioned before the bench, will come up for hearing before another bench. The filmmaker, in his petition, questioned the subjective satisfaction of Chief Minister J Jayalalithaa on whose directions the order of ban dated November 24 was passed.
Alleging the decision was based on "narrow political objectives", he said the order had no constitutional basis, much less legal basis.
He said the state suspended the screening of the movie without hearing him or affording him an opportunity for clarification.
The "arbitrary, unilateral and unjustified act" violated the petitioner`s fundamental right to freedom guaranteed under Article 19(1) (a), contended the petition.
"The fundamental right to freedom can be reasonably restricted only for the purpose mentioned in Article 19(2).
The restriction must be justified on the anvil of necessity and not on the quicksand of convenience of political expediency," Roy stated in his petition.