BIBHUTI BHUSAN JENA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed by one Bibhuti Bhusan Jena asserting that he is a social activist engaging in the socio-economic development of the State of Orissa through social and political movements through democratic process and is the President of the Bharatiya Janata Yuva Morcha (BJYM), the youth wing of Bharatiya Janata Party.

(2.) In this writ application, the Petitioner has sought for appropriate direction for re examination of the movie by a high level committee and for imposition of ban on the screening and exhibition of the Oriya Movie by the title "Swayamsidhha" which was proposed to be released on 12.8.2010 on the ground that the said movie glorifies the Maoists/Naxalities' ideology and the youths of the State who are likely to be influenced by such movies and thereby attracted to the ideology of violence as spread by the Maoists/Naxalities and thereby, worsen the law and order situation in the State.

(3.) Upon hearing the learned Counsel for the parties, by way of an interim order dated 10.8.2010 (modified by order dated 11.8.2010), in view of the power conferred under Section 13 of the Cinematograph Act, 1952 (in short 'the Act, 1952'), the Commissioner of Police, Bhubaneswar-Cuttack as well as the Deputy Commissioner of Police, Cuttack were directed to witness the movie in its premier show which was scheduled to be screened on Thursday (12.8.2010) in presence of the learned Counsel for the Petitioner, Sri S.K. Padhi, learned Senior Counsel appearing for the Producer of the movie (O.P. No. 4), the learned Government Advocate and Mr. G. Mishra, learned Additional Standing Counsel. Further direction was issued to the Commissioner of Police, Bhubaneswar-Cuttack to submit his report in consonance with the provision of Section 5(b) of the Act, 1952 in a sealed cover on 16.8.2010 for perusal of the Court.