MUSIC CENTRE MANDSAUR Vs. STATE OF M P

JUDGEMENT

(1.) The Order in this petition will also govern the disposal of Misc. Petitions Nos. 1483/84, 2063/84, 2258/84, 2237/84, 2335/84, 2336/84, 2755/84, 1751/84, 2060/85, 2122/85, 1875/85, 2476/85, 3045/85, 4107/85, 3700/85, 1192/85, 3579/85, 1253/85, 756/86, 2832/85, 1988/85, 3177/85, 2617/84, 2119/85, 1037/86, 3355/84, 840/85, 841/85, 749/86, 3902/85, 3676/85, 3279/85, 1109/86, 1986/85, 2050/85, 2228/85, 2604/85, 3715/85, 1163/86, 3207/85, 3326/85, 2589/84, 3167/84, 3489/84, 231/85, 3143/84, 136/85,1333/85 and 3272/85.

(2.) By these petitions under Art.226 of the Constitution of India, the petitioners have assailed the legality and validity of the proviso to R.30(1) of the Cinematograph Certification Rules, 1983, hereinafter referred to as the Rules. Though in the petitions, the petitioners had assailed the validity and legality of other provisions of law and the Rules, at the time of hearing, the petitioners confined their challenge to the proviso to R.30(1) of the Rules. The petitioners contended that the aforesaid proviso is ultra vires being beyond the legislative powers of the Parliament ; that it is vague and discriminatory, and that it, offends the rights of the petitioners guaranted by Art.19(1)(g) of the Constitution.

(3.) The respondents and the Central Circuit Cine Association, which was allowed to intervene, resist the claim of the petitioners and contend that the petitioners are not entitled to any relief. They deny the allegation that the impugned proviso is unconstitutional or ultra vires.