JAGAT TALKIES DISTRIBUTORS Vs. DY. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The Petitioner Jagat Talkies Distributors is aggrieved by the impugned order dated 7th February 2005 passed by the Deputy Commissioner of Police (Licensing), Delhi revoking the Cinematography licence issued to it, order of the Lieutenant Governor, Govt. of NCT of Delhi dated 28th April 2005 in appeal suspending the licence, and a subsequent order dated 22nd May 2007 of the DCP (Licensing), Delhi rejecting the renewal application of the Petitioner on the ground that an FIR had been registered against it.

(2.) The impugned order of 7th February 2005 states that on the complaint of one Shri S. Abhinandan Reddy and Shri Kailash Joshi of M/s Knight Watch Security Limited, a raid was conducted on 6th September 2004 by the authorized agent of Central Board of Film Certification ('CBFC'), Ministry of Information and Broadcasting, New Delhi in the Jagat Cinema Hall situated in the area of Jama Masjid, Delhi. At that time, the film "Korean Ki Laila" was being screened. The film began at 4 pm. The raiding party bought tickets and watched the film up to 5.45 pm. It found that a pornographic film was being shown in the picture hall in the guise of the regular film "Korean Kil Laila". On the basis of said complaint from Shri Kailash Joshi on the spot, an FIR No. 116 dated 6th September 2004 under Section 7(i)(c) of the Cinematograph Act, 1952 ('Act') was registered at Police Station Special Cell, New Delhi. Three persons, namely Bal Kishan Malhotra working as Manager of Jagat Cinema, Pramod Kumar and Kuldeep working as Projector Operators, were arrested. It is stated that 19 film rolls of 'Korean Ki Laila', a photostat copy of the certificate issued by CBFC, counterfoils of sold tickets, the duty roster of the Jagat Cinema employees were also seized by the raiding party.

(3.) On 17th September 2004, the DCP (Licensing) issued a show cause notice to the Petitioner pointing out that the above facts constituted violations of the conditions of the Cinematograph Licence granted on Form 'A' under Section 10 of the Act which prohibited the licencee from exhibiting any film "other than a film which has been certified for public exhibition". The Petitioner was asked to show cause within 15 days as to why licence granted to it should not be revoked.