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2018 (1) TMI 1717 - SC - Indian LawsProhibition on the exhibition of the film, namely, Padmavat - seeking stay on notifications/orders prohibiting the exhibition of the film - When once a Certificate has been issued by the CBFC, the States can issue notifications or orders prohibiting exhibition of film in theatres? - HELD THAT - The creative content is an insegregable aspect of Article 19(1) of the Constitution. Needless to emphasise, this right is not absolute. There can be regulatory measures. Regulatory measures are reflectible from the language employed Under Section 5B of the Act and the guidelines issued by the Central Government. Once the parliamentary legislation confers the responsibility and the power on a statutory Board and the Board grants certification, non-exhibition of the film by the States would be contrary to the statutory provisions and infringe the fundamental right of the Petitioners. It has to be borne in mind, expression of an idea by any one through the medium of cinema which is a public medium has its own status under the Constitution and the Statute. There is a Censor Board under the Act which allows grant of certificate for screening of the movies - As advised at present once the Certificate has been issued, there is prima facie a presumption that the concerned authority has taken into account all the guidelines including public order. It is directed that there shall be stay of operation of the notifications and orders issued by the Respondent-States and the other States are also restrained to issue notifications/orders in any manner prohibiting the exhibition - there are no hesitation in stating by way of repetition and without any fear of contradiction that it is the duty of the State to sustain the law and order situation whenever the film is exhibited, which would also include providing police protection to the persons who are involved in the film/in the exhibition of the film and the audience watching the film, whenever sought for or necessary. Let the matter be listed on 26th March 2018 for final disposal.
Issues Involved:
1. Legality of state notifications/orders prohibiting the exhibition of the film "Padmavat". 2. Role and authority of the Central Board of Film Certification (CBFC) in certifying films. 3. State's responsibility to maintain law and order in light of film certification. 4. Freedom of speech and expression through the medium of cinema. Detailed Analysis: 1. Legality of State Notifications/Orders Prohibiting the Exhibition of the Film "Padmavat": The present writ petition challenges the notifications/orders issued by the States of Gujarat and Rajasthan prohibiting the exhibition of the film "Padmavat". The State of Gujarat issued a notification under Section 6 of the Gujarat Cinemas (Regulation) Act, 2004, citing the need to maintain public order. Similarly, the State of Rajasthan issued an order under Section 7 of the Rajasthan Cinemas (Regulation) Act, 1952, also citing public interest and law and order concerns. The petitioners argued that these prohibitions are contrary to the statutory provisions and infringe upon their fundamental rights, as the film had already been certified by the CBFC. 2. Role and Authority of the Central Board of Film Certification (CBFC) in Certifying Films: The petitioners highlighted that the CBFC, after constituting an Expert Committee, had issued a U/A Certificate for the film under the Cinematograph Act, 1952. The CBFC had suggested certain excisions and modifications, which were carried out by the producers. The petitioners contended that once a film is certified by the CBFC, the States cannot prohibit its exhibition, as per the judgment in Prakash Jha Productions v. Union of India (2011) 8 SCC 372. They emphasized that the CBFC's certification should be valid throughout India for ten years, as per Section 5A(3) of the Act. 3. State's Responsibility to Maintain Law and Order in Light of Film Certification: The court referred to the judgment in Prakash Jha Productions, which held that it is the responsibility of the State to maintain law and order once the CBFC has cleared a film for public viewing. The court noted that the States cannot exercise their power to prohibit a film's exhibition based on anticipated law and order issues without concrete evidence of a breach of peace. The court emphasized that the States must maintain law and order effectively and provide necessary police protection to ensure the film's exhibition. 4. Freedom of Speech and Expression Through the Medium of Cinema: The court recognized that the creative content of a film is an inseparable aspect of the right to freedom of speech and expression under Article 19(1) of the Constitution. While this right is not absolute and can be subject to regulatory measures, the court held that once the CBFC certifies a film, the States' prohibition on its exhibition infringes upon this fundamental right. The court cited the guidelines for film certification, which aim to ensure that films do not offend human sensibilities, degrade women, or promote communal attitudes, among other considerations. Interim Relief and Final Observations: The court granted interim relief by staying the operation of the notifications/orders issued by the States of Gujarat and Rajasthan. The court also restrained other States from issuing similar prohibitions and directed them to maintain law and order during the film's exhibition. The court emphasized that intellectual and creative freedom should not be interfered with without legal justification, as it is essential for the values of civilization. The matter was listed for final disposal on 26th March 2018, with directions for the completion of pleadings in the meantime.
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