VIDEOWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these petitions have been filed by the Film Federation of India, represented by its President, D. Ramanujam. In the former petition the prayer is for vacating the interim stay granted in W.M.P. 15682 of 1984 and in the latter petition the prayer is for the impleadment of the petitioner as a respondent.

(2.) The impleadment of the petitioner as a party-respondent in the writ petition is opposed by Messrs Videowala, who have filed W.P. 9745 of 1984 and obtained orders of interim stay. The said writ petition has been filed under Art.22b of the Constitution to seek the issue of a writ of declaration to declare certain provisions of the Copyright (Amendment) Act, 1984 (hereinafter referred) to as the amendment Act) insofar as they relate to the petitioner - Video Library, as void and unconstitutional.

(3.) Having regard to the limited question for consideration in the W.M.P. 16395 of 1984, it is not necessary to set out the provisions of the amendment Act, which are challenged, and the grounds on which the validity of the provisions are questioned. The Film Federation of India seeks impleadment in the writ petition on the ground that the Act has been passed to safeguard the interests of the producers, distributors and exhibitors of films as well as the public exchequer, that as such, the film producers, distributors and exhibitors are as much interested as the Government in the validity of the Amendment Act being upheld, that since the Federation has been formed to safeguard the interests of the film producers, distributors and exhibitors it has locus standi to get itself impleaded in the proceedings and put forth the case of its members and that its right to get impleaded in such matters has already been recognised by this Court in an earlier writ petition. W.P. 753 of 1984.