SHAWN SEBASTIAN Vs. MINISTRY OF INFORMATION AND BROADCASTING

JUDGEMENT

(1.) The petitioners in W.P.(C).No.19427 of 2017 are the makers of the documentary film "In the Shade of Fallen Chinar". The said documentary film, according to the petitioners, takes a peep into the lives of a group of young Kashmiri student artistes. It is stated by the petitioners that the film is an attempt to portray the unfiltered opinions of student artistes in the Kashmir valley.

(2.) The petitioner in W.P.(C).No.19820 of 2017 is the maker of the documentary film "March, March, March". It is stated by the petitioner that the said documentary relates to the recent agitation in the Jawaharlal Nehru University.

(3.) The second respondent in the writ petitions, the Kerala Chalachithra Academy is organizing an International Documentary and Short Film Festival in the State from 16th of this month. On applications preferred by the petitioners in the writ petitions, the documentary films made by them have been selected by the organizing committee of the said film festival for screening in the competition section of the festival. Certification under the Cinematograph Act, 1952, ('the Act') is required for public exhibition of films of all kind. Section 9 of the Act, however, confers power on the Central Government to exempt any film or class of films from the process of certification under the Act. Since the documentary films made by the petitioners have been selected for screening at the festival and since the said films and other 168 documentary films selected for screening at the festival have not obtained certification under the Act for public exhibition, the second respondent sought exemption in respect of all the 170 films from the Central Government under Section 9 of the Act for public exhibition. On the application preferred by the second respondent, the Central Government granted exemption sought for all the documentary films except 3 films including the films made by the petitioners. Ext.P1 in W.P.(C).No.19427 of 2017 is the order issued by the Central Government in this connection. The Central Government has framed guidelines for exercise of the power of exemption under Section 9 of the Act, as per Office Memorandum F.No.808/5/2004-F(C) dated 17.1.2006 ('OM' for short). The said OM provides for a right of appeal against the decision taken by the Central Government, in exercise of the power under Section 9 of the Act. The second respondent has, in the circumstances, preferred an appeal challenging Ext.P1 order declining exemption in respect of the documentary films made by the petitioners before the appellate authority constituted under the OM, and the said appeal is pending. In the meanwhile, the decision of the Central Government was informed by the second respondent to the petitioners and the writ petitions have been filed by the petitioners on receipt of the said information, challenging Ext.P1 decision of the Central Government.