ANONYMOUS LETTER Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) A letter, although unsigned and with uncivilised references to a Member of Legislative Assembly but containing informations of screening of blue/ obscene/vulgar films or film clippings, has been received in Court and treated as a petition under Article 226 of the Constitution of India. Following the receipt of the said letter, the Court instructed two learned Advocates of this Court Mrs. Sumalini Reddy and Mrs. G. Jyothi Kiran to witness the two films - "Dark Dancer" and "Secret Games - 3" in Ramakrishna 70 MM, one of the Theatres in the City, which allegedly was exhibiting the films, and report to this Court. Learned Advocates have reported to the Court that as per the instructions of the court, they visited the Theatre at Abids at 11.45 A.M. and narrated the events in these words: We approached the Booking counter of Rs. 20/ - and asked for tickets. The Booking clerk first informed us that it is an English movie and it is not meant for ladies to view. When we insisted for tickets, he asked us to come inside the booking room from the main entrance of the theatre. When we were entering the theatre, the gate -man informed us that ladies are not permitted as it is a 'SEX MOVIE'. However, we walked into the booking room. Booking clerk issued us Box -A tickets and further asked us to see the Manager before taking seats. We did not see the Manager but directly went to Box -A and took seats. Even the Box -A doorman asked us to leave the theatre advising us that we being ladies cannot see it as the movie is a 'SEX MOVIE'. When the movie began at 12.00 P.M. simultaneously the Manager along with two men switched on the lights in Box -A and asked us to leave the hall immediately. Since he repeatedly insisted us to leave, we both came out of Box -A. On coming out we enquired as to why we should not see the movie, to which the Manager replied that it is a 'BF'. On asking for further clarification of 'BF', the Manager stated that it means 'BLUE FILM'. When we asked him to identify himself, he informed us that he is Mr. Prasad, Manager of the Theatre, as such he has every right to ask us to leave. When we asked as to how it was not advertised that the movie is meant for men only, he retorted that "It is understood that whenever English movies are played in this theatre, ladies are strictly not permitted."As such we were forced to leave the theatre immediately." Learned Advocates also produced before the Court two dress circle tickets which they had purchased. The Court after the report by the learned Advocates on 2 -11 -1996 ordered as follows:

(2.) At the outset, the Commissioner of Police outlines the need to enforce the conditions stipulated under the Cinematograph Act and the licence conditions laid down in Form -B, issued under sub -rule (2) of Rule 12 of the APC (R) Rules, 1970, particularly, ways and means of preventing the exhibition of obscene portions of films and preventing admission of minors to the adult films by the Cinema theatre owners/managements.

(3.) The film exhibitors i.e., the Cinema licencees assured the Commissioner of Police that they would exhibit the films which had been certified as suitable for public exhibition by the.,Central Board of Film Certification and that they would not permit or show objectionable portions which had been deleted by the Central Board of Film Certification and display obscene posters. They agreed to exhibit the Censor Certificate and information about the deleted portions of the Scenes of the film. To overcome the difficulty in the use of the general Cinema tickets at the time of screening of adult films, it was agreed that the ticket books would be stamped indicating that the movie was meant for "adults only". At the time of commencement of the show, if it is discovered that any person, not an adult, has sneaked into the Cinema theatre or come to witness the film, the exhibitor (Cinema licencee/Management) would turn him out by refunding the ticket amount.