How Tamil actor M.R. Radha got away with staging a 'banned' play in 1959

The Madras Government, in April 1959, banned popular actor M.R. Radha's Tamil play Thooku Medai. He submitted the script of another drama Kathal Bali to the Madras Commissioner of Police and obtained a licence to perform it. On noticing that the play was similar to the banned Thooku Medai, the police registered a case.

On April 25, 1959, the Madras Government issued an order banning popular actor M.R. Radha's Tamil play Thooku Medai. It was bannedon the ground that it deliberately intended to outrage the religious feelings of a class of citizens of India and also on the ground that it is indecent, scurrilous and obscene.

Subsequently, Radha submitted the script of another drama Kathal Bali to the Madras Commissioner of Police and obtained a licence to perform the play. He then staged the play at the Theagaraja College Open Air Theatre in Washermenpet on July 19, 1959.

On noticing that the play was similar to the banned Thooku Medai, the police registered a case against Radha. The Second Presidency Magistrate, George Town, convicted Radha under Section 7(1) of the Madras Dramatic Performance Act, 1954 and sentenced him to pay a fine of ₹200 and in default to simple imprisonment for three weeks.

Radha moved the Madras High Court challenging his conviction.

While hearing the case, the court said the material question to be determined under the Madras Dramatic Performance Act is whether the drama actually staged by Radha is substantially the same as the drama banned by the government and not whether the script of the drama submitted to the Commissioner of Police is substantially the same as the banned drama Thooku Medai.

Justice Sadasivam observed there can be no doubt that the plot of the play Kathal Bali is the same as the plot of the drama Thooku Medai, which was not disputed by Radha's counsel.

"The characters in both the dramas are the same and even the names of several of the characters are identical. Theagaraja Mudaliar, Paramarthika Iyengar, Munjan, Velalagan, Kanakam and Ardhanari are the same characters in both the dramas. The characters Pandiyan, Veni and Vanitha in Thooku Medai appear as Maran Mala and Kamala respectively in Kathal Bali. The learned Public Prosecutor has prepared a long list of objectionable passages which are common in both the dramas. It is true, as pointed out by the learned advocate for the petitioner, that some of the offending passages in Thooku Medai do not find a place in Kathal Bali. Thus, the first scene of Thooku Medai in which a poojari of Kali Temple rapes a virgin has been omitted in the drama Kathal Bali. There are also other minor omissions of some passages. But, if the first scene of Thooku Medai had been incorporated in Kathal Bali and the missing passages had also found a place in Kathal Bali, the two dramas would be identical in all respects," the judge pointed out.

"The proper test is whether one who knows the banned drama Thooku Medai attends the drama Kathal Bali without being informed about the title of the play would get the impression that he is witnessing the banned drama. Judged by this standard there can be no doubt that the play Kathal Bali which contains most of the objectionable passages found in Thooku Medai is substantially the same as Thooku Medai not only as regards the story, characters, dialogue and plot but also as, regards objectionable passages," the judge said.

However, Radha's advocate contended that the fact that the Commissioner of Police had granted a licence to enact the drama Kathal Bali would bar the prosecution of the actor, and, at any rate, it would negative the necessary mens rea required for the offence charged against him.

Justice Sadasivam, however, pointed out that in this case the petitioner Radha, who staged the drama Kathal Bali, is the same person who staged the drama Thooku Medai banned by the Government under Section 3 of the Act. "Hence it could easily be inferred that he had knowledge that the drama Kathal Bali enacted by him is substantially the same as the banned drama Thooku Medai. The Commissioner of Police cannot grant a licence to enact a drama which has been prohibited by the State Government under Section 3 of the Madras Dramatic Performances Act or a drama which is substantially the same as the prohibited drama. Hence, the licence granted by the Commissioner cannot absolve the petitioner of his liability for the offence charged against him," the judge said.

Passing orders on July 11, 1962, the judge held the conviction of Radha under Section 7(1) of the Madras Dramatic Performances Act is therefore correct.

However, in an interesting twist, the judge thereafter said: "But, having regard to the fact that the Commissioner of Police erroneously granted a licence to the petitioner to enact the drama, the prosecution of the petitioner by the same Commissioner appears to be anomalous and hence justice would be met by releasing him after due admonition under Section 3 of the Madras Probation of Offenders Act. I therefore set aside the sentence of fine and admonish him under Section 3 of the Madras Probation of Offenders Act. The fine amount if collected is ordered to be refunded to the petitioner."