Court Directs Immediate Issuance of Censor Certificate to M/s. KVN Productions LLP's Film "Jana Nayagan"
In a significant ruling, the Madras High Court has quashed the decision of the Central Board of Film Certification (CBFC) Chairperson to refer the film "Jana Nayagan" to a Revising Committee after the Examining Committee had already recommended certification with specific excisions. The Court, presided by Justice P.T. Asha, held that the Chairperson's decision was taken without jurisdiction, as the process of certification had already been concluded with an accepted recommendation for certification subject to certain modifications.
The petitioner, M/s. KVN Productions LLP, had sought a mandamus directing the CBFC to issue the certification, arguing that they had complied with all the excisions recommended by the Examining Committee. Despite this compliance, the Chairperson had, upon receiving a complaint about the film's content, decided to refer the film for further review.
Justice Asha noted that the Chairperson's authority to refer the film to a Revising Committee could only be exercised before the Board made a decision and communicated it to the applicant. Since the Board had already accepted the Examining Committee's recommendation and communicated it to the petitioner, any subsequent action by the Chairperson was invalid.
The Court further emphasized the High Court's authority under Article 226 of the Constitution to ensure justice is served, stating that technicalities should not impede the delivery of justice. Consequently, the Court ordered the CBFC to issue the certification as initially recommended, citing that the process had been completed in accordance with the Cinematograph Certification Rules, 2024.
This judgment underscores the importance of adhering to procedural rules in the certification of films and reinforces the judiciary's role in ensuring that administrative bodies act within their jurisdictional limits.
Bottom Line:
The decision of the Central Board of Film Certification (CBFC) Chairperson to refer a film to a Revising Committee after the Board had already recommended the grant of certification with excisions is held without jurisdiction.
Statutory provision(s): Cinematograph Act, 1952 Sections 4, 5A, 5B, 6; Cinematograph Certification Rules, 2024 Rules 23, 24, 25, 27, 37; Article 226 of the Constitution of India.
