H R CLUB Vs. STATE

JUDGEMENT

(1.) Would the exhibition of films by means of a video cassette recorder in the premises of a club (registered under the Societies Registration Act, 1860) come within the licensing provisions of S.3 of the Bihar Cinemas (Regulation) Act, 1954, is the significant question in this writ petition.

(2.) The facts are not in dispute the H.R. Club, a Fatuha, is a society registered under the Societies Registration Act, and it is averred that the same is primarily being run for the benefit of its members and others and it has installed a video cassette recorder for the entertainment of its members, without charging anything expressly for the film shows. However, the Officer-in-charge, Fatuha police station, directed the petitioner to stop the exhibition of films by means of the video cassette recorder on T.V. screen, under threat of penal action apparently on the ground that the premises were not duly licensed under the Bihar Cinemas (Regulation) Act, 1954 (hereinafter called the 'Act'). It is the petitioner's claim that the exhibition of these films in the club without any specific charge therefor does not attract any of the provisions of the Act or of the Central Cinematograph Act, 1952.

(3.) In the counter-affidavit filed by the Executive Magistrate, it is averred that the club being a registered society is, in itself, an indication that it is something in contradistinction to the word 'domestic'. It is pointed out that the membership of the club is open to any person and it charges fees from its members which would cover the charge for the showing of video films. It is the claim that the performances are made by public announcement and the exhibition of the cinema shows is of a nature which cannot possibly be equated with those in a residence restricted to family members only. It is categorically averred that the exhibition of these films amounts to public display by means of a pre-recorded cassette film on the large screen of a T.V. set in the club. In terms, the stand taken on behalf of the respondents is that the showing of these films would amount to an exhibition within the meaning of S.3 of the Act and any other construction would tend to defeat the very purpose of the same.