CENTRAL BOARD OF FILM CERTIFICATION Vs. YADAVALAYA FILMS

JUDGEMENT

(1.) KUTRA Pathirikai'is the feature film produced by the first respondent. The film revolves around the assassination of the former Prime Minister Rajiv Gandhi and the subsequent events including the investigation and the fate of assassins or some of the abettors/conspirators. The love story woven around two police officials having no connection with the assassination of late Prime Minister or the attempted assassination of the then Chief Minister of Tamil Nadu, which forms only an infinitesimal portion of the film. After making the film, the producer submitted an application for the grant of certificate to the Central Board of Film Certification ('Board'for short) on 31.12.1992. However, the certificate for exhibition of the film was refused by the Censor Board on 31.02.1994 and that too, after the intervention of this Court. It would be relevant to quote the reasons by the Examining Committee (for trailer) as per the expert opinion of the Home Ministry which run as follows: 'As the criminal case pertaining to the assassination of late Prime Minister Shri Rajiv Gandhi is sub-judice and the proceedings of the Jain Commission and report of Verma Commission are yet to be finalized, it would not be in the judicial and public interest to permit the release of any Trailer/Film on the assassination of late Prime Minister. After the finalisation of the criminal case, the Enquiry Commission's report, the certificate of the film could be considered subject to the scrutiny of the script and preview of the film from the public interest angle'.

(2.) ON such refusal, the producer preferred an appeal under Section 5C of the Cinematograph Act, 1952, which was allowed by the Film Certification Appellate Tribunal vide order dated 27.06.1994, directing the Board to grant 'A'certificate subject to such cuts/deletions as mentioned in para 17 of the said order. The producer accepted the said cuts and thereafter submitted the fresh print of the film on 25.07.1994. The Board, instead of considering the film, for the grant of certificate as directed by the Tribunal, chose to challenge the order dated 27.06.2004 by filing Writ Petition No.13652 of 1994 on the ground that the impugned order is erroneous in law and certificate for exhibition of the film should not be granted. A Division Bench of this Court in its detailed order dated 06.10.2004 allowed the writ petition and set aside the order of the Tribunal dated 27.06.1994 and directed to revoke the certificate ordered by the Tribunal.

(3.) IN the above circumstances, the producer again approached this Court questioning the order of rejecting the appeal. The learned single Judge upon viewing the film opined that the film should be granted 'A'certificate subject to certain cuts and deletions. The learned single Judge found that the events that the film depicts are more or less factually correct about the ghastly incident. IN his opinion, a film that narrates the events that had happened and was established in the Court of law could be screened as it would only enable the public to satisfy their genuine desire to know as to how their mass leader was assassinated and the screening of the film cannot be refused merely because the assassination was carried by a banned organization. On the other hand, the people will have an opportunity to know the activities of the banned organization and such information to the public would be in their own interest. The learned Judge, however, directed to cut and delete sequence relating to the attempt made by the outfit on the life of the Chief Minister of Tamil Nadu Ms. J. Jayalalithaa and the consequent sequence showing the character Ramakrishnan saving her life and in the event, the said cuts and deletions are made, the Board shall issue 'A'certificate to the film 'Kutra Pathirikai'to enable the producer to release the film for public exhibition.