PRABHUDAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner claims to be a social worker and Secretary of Rashtriya Charitra Nirman Samiti. He asserts that he is interested in maintaining the culture and values of life and that in his opinion, exhibition of excepts even in regard to pictures granted 'A' certificate by the Central Board of Film Censors by the Doordarshan in its programmes of 'Chitrahar' and 'Chitramala' is in violation of the provisions contained in this behalf in Part II of the Cinematograph Act 1952 (hereinafter referred to as the Act). On these allegations, a prayer has been made that the respondents be directed not to exhibit any film granted 'A' certificate by the Central Board of Film Censors on television.

(2.) Return has been filed and alone with it, a copy of the notification dated 16-10-84 issued by the Central Govt. in exercise of powers conferred on it by S.9 of the Act, has been attached. It has been urged for the respondents by their learned counsel that in view of the exemption granted by the Central Govt. by virtue of the said notification u/s. 9 the petitioner is not entitled to any relief.

(3.) We have heard learned counsel for the petitioner at some length and in our opinion, the submission made by the learned counsel for the respondents based on the notification u/s. 9 of the Act has substance.