VITAL MEDIA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by an organisation known as 'Vital Media' challenging a Notification dated 4th April 2013, published by the Government of Punjab, regarding the screening of a film titled "SADA HAQ", indicating that a Committee set up by the Punjab Government consisting of the Chief Secretary and other high officials, which had viewed the film, was of the view that the screening of the film was likely to cause a breach of the peace. The said Notification was followed by another Notification dated 5th April, 2013, issued by the Government of National Capital Territory of Delhi, New Delhi, which for the same reasons suspended the exhibition of the aforesaid film in the territory of the National Capital of Delhi, with immediate effect on the sole ground that the public screening of the film was likely to hurt religious sentiments and cause a breach of the peace within the National Capital Territory of Delhi. A third Notification/Order was issued on 5th April, 2013, by the Office of the District Magistrate, UT, Chandigarh also prohibiting the exhibition of the said film under the provisions of the Punjab Cinema Regulation Act/Rules, framed thereunder, in public interest.

(2.) ONE of the reasons which appears to have also influenced the view of the said three Governments, is the use of a song, which is said to have been used as a promotional engine for the purpose of promoting the film in question.

(3.) ON 25th April, 2013, when this matter was taken up, learned senior counsel for the Petitioner, Mr. Colin Gonsalves, submitted that the ban should be lifted on account of the fact that the contents of the film had nothing to do with the promotional song and that, on the other hand, the contents of the film had been viewed by members belonging to the Sikh community, Hindu community and even the members of the S.G.P.C. and they have all unanimously indicated that the film, in fact, should be exhibited.