KRISHNA MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a film producer / director and is doing the said business under the name and style of M/s. Shree Hari Om Films. Respondent 1 is the Union of India and respondent 2 is the Central Board of film Certification duly constituted under section 3 of the Cinematograph Act, 1952 (37 of 1952) (for short, "the said Act" ).

(2.) THE petitioner has recently produced a Hindi Feature Film titled as "wounded" in 35 mm Cinemascope consisting of 16 reels (for convenience, "the said film" ). The said film is based on the life of a woman dacoit called seema Parihar. It is an unusual film in the sense that Seema Parihar herself has acted in the said film. It shows how a simple village girl is forced to become a dacoit after her abduction, on account of acute poverty of her parents. The petitioner submitted the said film to respondent 2 Board for obtaining certificate for public exhibition as compulsorily required under section 5-A of the said Act. Respondent 2 Board recommended and suggested certain cuts and changes in the said film and granted "a" certificate subject to them.

(3.) RESPONDENT 2 Board in its order dated 31/1/2005 observed that the said film has been viewed by the Examining Committee and the Board has come to the conclusion that the film is not suitable for unrestricted public exhibition but may be suitable for public exhibition restricted to adults, provided certain excisions/modifications are carried out in the said film as listed in the Annexure. It was further observed that if the said excisions/modifications are carried out, the said film may be sanctioned for public exhibition restricted to adults. It is necessary to quote the relevant portion of the order dated 31/1/2005 passed by respondent 2 Board. It reads thus : "reasons for grant of an "a" Certificate to the film subject to the following cuts: the theme of the film is on dacoit, there are lot of visuals of violence which are not suitable for non adults. Hence, the Board unanimously recommended grant of "a" Certificate subject to the following cuts : <FRM>JUDGEMENT_18_TLMHH0_2006Html1.htm</FRM>