ANAND PATWARDHAN Vs. CENTRAL BOARD OF FILM CERTIFICATION

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India seeks to invoke Articles 14, 19 (1) (a) and 21 of the Constitution to challenge the order dated 9/12th December, 2002 passed by the Film Certification Appellate Tribunal ("f. C. A. T. " for short) under section 5-D of the Cinematograph Act, 1952 ("the Act" for short ). The impugned order directs two cuts and one addition in the documentary film made by the petitioner. The petition is opposed through an affidavit in reply of the Assistant Regional Officer affirmed on 27th February, 2003.

(2.) THE facts leading to this petition are as follows:---The petitioner is a well-known figure in the field of documentaries in India and has been making socially relevant documentaries for last nearly three decades. In the past, he has made films which have won national and international Awards, wherein he has dealt with various subjects like those regarding street dwellers (Bombay Our City, 1985), religious fundamentalism ("ram Ke Nam"- i. e. In the name of God, 1992), the connection between machismo and sectarian violence (Father, Son and Holy War, 1995) and the plight of those displaced in the name of development (A Narmada Diary, 1995 ).

(3.) THE subject of the present petition is a documentary called "war and Peace" (Jang Aur Aman ). It deals with the journey of peace activism in the face of global militarism and war, and has been filmed over a period of 3 years in different countries such as India, Pakistan, Japan and U. S. A. It is stated in the petition that the film was screened at the 7th Mumbai International Film Festival in February 2002 and was awarded the best Film/video Award as well as the International Jury Award. It is material to note that the festival was organised by the Films Division of India which comes under the Ministry of Information and Broadcasting. It is also stated that the film won the Grand Prize at the Earth Vision International Film Festival in Tokyo in 2002 and also won the International Critics Award at the Sydney International Film Festival in 2002. It is also claimed that it won the Gold Award of the Indian Documentary Producers Association in 2003.