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TMI Blog2000 (11) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... e bound to be divergent views. Merely because a small section of the society has a different view, from that as taken by the Tribunal, and choose to express their views by unlawful means would be no ground for the Executive to review or revise a decision of the Tribunal. In such a case, the clear duty of the Government is to ensure that law and order is maintained by taking appropriate actions against persons who choose to breach the law. Appeal dismissed. - 3106 of 1991 - - - Dated:- 28-11-2000 - V.N. Khare and S.N. Variava, JJ. REPRESENTED BY : S/Shri N.N. Goswami, Sr. Advocate, K.K. Dhawan and S.N. Terdol, Advocates, for the Appellant. [Judgment per : S.N. Variava, J.]. This Appeal is against a Judgment dated 2nd April, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by this Court that the Tribunal was established. Section 5C of the said Act now provided for an appeal to a Tribunal. Section 5D now provided that the Government is to constitute an Appellate Tribunal. The Tribunal is to consist of a Chairman and not more than four other members. The chairman of the tribunal is to be a person who is a retired Judge of a High Court, or a person who is qualified to be a Judge of a High Court. The other members should be such persons who are qualified to judge the effect of the film on the public. Thus the Tribunal is an expert body which has been set up for the purposes of considering, amongst other things, the effect of the films on the public. However, the Government still sought to retain powers by en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mi sought to submit that it was necessary to retain such a power because it has been found that on certain occasions, after the film has been cleared by the Board or by the Tribunal, there was public resentment to the film and law and order situations arose. He submitted that such a situation would necessitate a review and/or revision of the order passed by the Tribunal. He submitted that under our Constitution there was no strict separation of powers. He submitted that judicial functions could also be discharged by the Central Government by way of conferment of revisional powers. 8. We are unable to accept the submission of the learned Counsel. The Government has chosen to establish a quasi-judicial body which has been given the powers, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal. 9. We fall to understand the apprehension expressed by the learned Counsel that there may be a law and order situation. Once an Expert Body has considered the impact of the film on the public and has cleared the film, it is no excuse to say that there may be a law and order situation. It is for the concerned State Government to see that the law and order is maintained. In any democratic Society there are bound to be divergent views. Merely because a small section of the society has a different view, from that as taken by the Tribunal, and choose to express their views by unlawful means would be no ground for the Executive to review or revise a decision of the Tribunal. In such a case, the clear duty of the Government is to ensure t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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