S BALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter relating to pilot episode of the proposed serial 'Swami Vivekananda' prepared by the petitioner has again come back to us as the respondents after our directions dated December 20,1994 in CWP No. 2398 of 1994 have not approved the same. In that order we had directed that the respondents should have the Pilot pre-viewed again by the Committee comprising of the same members which had pre-viewed it earlier on May 26,1993 and take a final decision in the light of the recommendations of the Committee. The operative portion of our order reads as under: "Though we have undoubted power to issue a mandamus to compel the respondents to telecast the serial, as the petitioner has removed the defects pointed out in the second report of the Pre-view Committee, yet, we would think that another opportunity should be given to the respondents to properly and lawfully exercise their discretion. In the circumstances of the case, we are of the opinion that the revised pilot should be pre-viewed again by the same Committee which pre-viewed the Pilot earlier on May 26, 1993. Accordingly, the writ petition succeeds. The impugned order dated April 7,1994 is hereby quashed and the respondents are directed to get the revised Pilot submitted by the petitionerpre-viewed within 15 days from the date of this order by the same Committee comprising of the same members who had pre-viewed the Pilot earlier on May 26,1993. The respondents are also directed to take a final decision in the light of the recommendations of the Pre-view Committee within three weeks thereafter. The petitioner will also be entitled to costs in the sum of Rs. 5,000.00 from the respondents..................." (Emphasis supplied)

(2.) In order to appreciate the controversy between the parties it would be necessary to point out that in earlier round of litigation between the parties, the Supreme Court on August 19, 1991 in Special Leave Petition No. 4850 of 1991, arising from the judgment dated December 20,1990 of this Court in C.W.P. No. 4028/1990, passed the following order: "The special leave petition is adjourned for eight weeks. In the meantime, the petitioner will make a representation to the authorities concerned and suggest names of the persons who will form the Committee for consideration on her representation as well as Pilot' (episode for the proposed tele-film). The Committee after considering and hearing the same record a reasoned order."

(3.) After the aforesaid order of the Supreme Court four Committees have previewed the Pilot prepared by the petitioner, including the Committee which was constituted after our order dated December 20, 1994. The first Committee was constituted pursuant to the aforesaid order of the Supreme Court whereby the petitioner was permitted to suggest the names of the persons who were to form the Committee for consideration of the Pilot. The petitioner suggested the names of Swami Gokulanand, the Head of the Ramakrishna Mission at New Delhi, Shri B.M. Shah, Professor, National School of Drama, New Delhi and Shri R.S. Malhotra, Film Officer, Sangeet Natak Academy, New Delhi. The minutes of the first Committee, which pre-viewed the Pilot on October 4,1991, are as follows: "DECISION OF THE COMMITTEE; 1. The pre-view Committee was unanimous in that, the selection of the subject is perfect but the execution leaves much to be desired.Swamiji is acceptable visually, but leaves a lot of room in acting, to do justice to the great personality of Swami Vivekananda. 2. The sequence: Spitting on the photograph of the Maharaja, facts, are authentic but some exaggerated portions have crept in. 3. Dancer's song: Voice and accent not upto the mark. Dancer's song should be sung by a more professional singer. Dance sequence too long. Swamiji's reactions to the dance: concluding sequence: The change of mood are too abrupt. Climax has not been built up. Main subject is diluted, appropriate perspective is not given to Swamiji. It is not satisfying overall. The character of Swamiji needs to be forceful and impressive which is totally lacking. Technically it needs a strong team who will execute their work professionally. 4. The topic is very suitable for a serial but the execution to be upto the mark"