PAWAN KUMAR JAIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Safety is one of the most important factors to be taken in view while granting licence under the Cinematograph Act. Licence is granted for a gathering of about 50 persons for showing video films. Such a licence was granted to the petitioner. There was complaint that licence was wrongly granted, all conditions were not complied with, necessary precautions for safety of the persons visiting the auditorium were not followed An enquiry was initiated. District Magistrate after getting the necessary report and after affording an opportunity of heating to the petitioner cancelled the licence vide order dated July 18,1991 (Annexure. P3). The petitioner filed an appeal against the aforesaid order which was dismissed by the Principle Secretary Home, Punjab on October 24, 1991. The petitioner has approached this Court challenging these orders.

(2.) The Appellate Authority gave findings on the followings matters :

(3.) Learned counsel for the petitioner has referred to Section 8 of the Punjab Cinema (Regulation) Act and argued that the licence couldonly be revoked in two contingencies i.e. where holder of the licence had been convicted of offences under Section 7 of the Cinematograph Act, 1952 or under Section 7 of the Punjab Cinema (Regulation) Act, 1952. This contention cannot be accepted. Section 8(1) stands amended. Several other grounds have been provided which areas under: