UNION OF INDIA Vs. FILM FEDERATION OF INDIA

JUDGEMENT

(1.) THIS appeal was heard by a Division Bench consisting of Lentin and Ashok Agarwal, JJ. The two learned Judges differed and, therefore, they referred the matter to the learned Chief Justice for being placed before the third Judge. The learned Chief Justice for being placed before the third Judge. The learned Chief Justice placed this appeal before me for hearing and disposal.

(2.) THE two main points that arise for consideration are these. (1) Whether the authorities were justified in refusing certification to the film, Pati Parmeshwar" on the ground that it violates Guideline 2 (iv-a) of the Guidelines issued by the Central Government for certification of films. (2) Whether Guideline 2 (iv-a) is beyond the scope of section 5-B (2) of Cinematograph Act, 1952, and ultra vires Article 19 (1) (a) of the Constitution.

(3.) THE facts giving rise to this appeal in a nut-shell are as under. The second respondent one S. K. Nayyar is the producer of cinematograph film called Pati Parmeshwar. The Examining Committee of the Board of Film Certification refused the certificate to the film on the ground that it violated Guideline 2 (iv-a ). The Revising Committee also refused certification under the same Guideline read with Guidelines 1 (c) and 3 (ii ). The Appellate Tribunal refused to interfere with the decision of the Revising Committee holding that the film in the form in which it was presented contravenes Guideline 2 (iv-a) read with Guidelines 1 (a), 1 (c) and 3 (ii) of the Guidelines.