A ARULMOZI Vs. GOVT OF INDIA

JUDGEMENT

(1.) TAMIL feature film "new", produced by Annai Mari madha Creations, third respondent herein, was released for public exhibition in the second week of July, 2004, throughout Tamil nadu.

(2.) MS. Arulmozht, an advocate practising in this Court, after seeing the movie, wondered as to how the film was certified for public exhibition by the Central Board of Film Certification, even though the film was full of dual meaning dialogues and obscene visuals, appended by vulgarity and depravity, obviously catering to the baser instincts of the viewers. As the certificate for public exhibition had been issued in gross violation of the provisions of the Cinematograph Act, 1952, she sent a representation to the Government of India, the first respondent herein, on 23-8-2004, bringing to its notice about the violations, requesting to revoke the certificate, by invoking the revisional powers under Section 6 of the cinematograph Act. Since she felt that the action on representation may take some time and if such time is allowed the film would be continued to be screened thereby causing imminent danger to the public morality and unable to bear the cultural degradation due to this film, she has rushed to this Court and filed this writ petition.

(3.) THE main prayer in this writ petition is for issuance of a writ of mandamus, directing the Government of India, Ministry of Information and Broadcasting, New Delhi, first respondent herein, and the Central board of Film Certification, Sastri Bhavan, chennai, second respondent herein, to revoke the Censor Certificate for public exhibition, issued to the Tamil Feature Film "new", produced by S. Annai Mari Madha creations, the third respondent herein.