YADAVALAYA FILMS Vs. FILM CERTIFICATION APPELLATE TRIBUNAL

JUDGEMENT

(1.) THE writ petition relates to the certification of a Tamil film titled "KUTRAPATHRIKAI" for public exhibition.

(2.) THE petitioner launched the production of a Tamil feature film with the above title during July, 1991 and completed the same during December, 1992. THE film basically revolves around the assassination of the former Prime Minister Shri Rajiv Gandhi. As the petitioner is required to obtain a censorship certificate for public exhibition of the film, it applied to the Chairperson of the Central Board of Film Certification, Ministry of Information and Broadcasting, Shastri Bhavan, Chennai-6 (for short "the Board") on 11.12.92. THE Examining Committee of the said Board consisting of a Regional Officer and four other members, though viewed the film on 3.2.1993, did not pass any orders. Hence, the petitioner had to approach this Court by filing W.P.No.1102 of 1993 and this Court by order dated 3.2.94, directed the Board to consider and pass orders on or before 31.3.94. After the said order was passed, the Examining Committee of the Board again viewed the film on 31.3.94 and by order dated 6.4.94 refused to issue the certificate based on the expert opinion of the Home Ministry, Government of India, which reads as follows:-

(3.) PURSUANT to the directions of the Supreme Court, three members of the Tribunal namely, the Chairman, a retired Judge of the Delhi High Court, and two other Administrative Members viewed the film. By order dated 16.2.2001, the Chairman found that the film could be certified subject to certain further conditions. The two other members found that the certificate should not be granted and by separate orders dated 12.2.2001 and 16.2.2001 rejected the certification. In view of the majority decision, the application of the petitioner for issuance of censorship certificate was ultimately rejected.