A Bench headed by Chief Justice K G Balakrishnan passed an interim order lifting the ban on it while hearing a petition filed by the film's producer and agreed to hear the matter further on March 14.
The screening of the film was banned in Madhya Pradesh, Uttar Pradesh and various cities of Haryana and Uttaranchal after a section of people objected over the alleged wrong depiction of some historical characters in the film.
The producer of the movie, UTV Software Communication, submitted that the film has been banned in various states allegedly for political reasons and without giving any explanation.
"The fundamental right to speech and expression is being trampled over by various state governments with the sole objective of gaining political mileage by banning the film," senior advocate Ashok Desai, appearing for the producer, said adding that the film was solely for entertainment and did not claim to be historically accurate.
He also pointed out that all necessary approvals were taken by the producer from different authorities, including the Censor Board of Film Certification, before releasing the film.
"The film has been banned in Uttar Pradesh, Madhya Pradesh and various cities of Haryana and Rajasthan not on the basis of any law but on the basis of administrative orders which is completely unconstitutional," it said.
Although the High Courts of Rajasthan and Madhya Pradesh had already directed the respective state governments to ensure safe and smooth screening of Jodhaa Akbar, the producers approached the apex court apprehending that other states might also ban the film.
The film producer alleged that the ongoing controversy had caused a financial loss. The film maker claimed about Rs 41 crore were spent on its making and an additional Rs four crore were spent on its publicity.
