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TMI Blog2018 (1) TMI 1717X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - W.P. (C) No. 36/2018 - - - Dated:- 18-1-2018 - DIPAK MISRA, C.J.I., A.M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ. For the Petitioner : Mr. H.N. Salve, Sr. Adv., Mr. Mukul Rohatgi, Sr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m that the CBFC had directed the producer to file two disclaimers which he had filed. 7. The relevant part of the Certificate issued by the CBFC reads as follows: After examination of the film by the members of the Examining Committee mentioned below and on the recommendation of the said Examining Committee, the Board hereby certifies that the film is fit for public exhibition with an endorsement of caution that the question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child, and also subject to excision and modification listed in part II on the reverse: 1. ARCHANA VINEET GORE 2. KALAYANI DESHPANDE 3. NUTAN JAGDISH SAGAR 4. HARESH J WADHWANI 5. DEEPAK RAMAKANT TANDEL (E.O.) Further certified that the excisions and modifications imposed by the Board have actually been carried out. 8. On a perusal of the Certificate it is quite clear that it has been given U/A Certificate. The notification issued on behalf of State of Gujarat by the Joint Secretary to Government is as follows: No. (GHT/2018/(1)MIS/102017/229/A: WHEREAS the Government of Gujarat considers it necess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authenticity or accuracy in terms of the names of the places, characters, sequence of events, locations, spoken languages, dance forms, costumes and/or such other details. We do not intend to disrespect, impair or disparage the beliefs, feelings, sentiments of any person(s), community(ies) and their culture(s), custom(s), practice(s) and tradition(s). Disclaimer-II This Film does not intend to encourage or support 'Sati' or such other practices. 11. It has been submitted by learned Senior Counsel appearing for the Petitioners that the States could not have prohibited exhibition of the film in cinema halls in view of the two-Judge Bench judgment in the case of Prakash Jha Productions and Anr. v. Union of India and Ors. (2011) 8 SCC 372. They have drawn our attention to paragraphs 17, 18, 19, 20 and 27 thereof. The said paragraphs read as follows: 17. Before dealing with the said contentions, we would like to deal with the provision of the Act on the basis of which the aforesaid decision is taken. There is no dispute that the impugned decision is taken in the purported exercise of power Under Section 6 of the Act. A bare perusal of the aforesaid provision in Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be prohibited in the manner as sought to be done by the State in the present case. As held in K.M. Shankarappa it is the responsibility of the State Government to maintain law and order. It is urged by them, once a Certificate has been issued by the CBFC, the States cannot issue notifications or orders prohibiting exhibition of film in theatres. On the contrary, as has been stated in paragraph 27 of the judgment in Prakash Jha (supra), it is obligatory on the part of the State to maintain the law and order situation effectively because it is the responsibility of the State to maintain law and order as has been laid down in the case of Union of India v. K.M. Shankarappa (2001) 1 SCC 582. 12. Learned Senior Counsel would further argue that Section 5A of the Act deals with 'Certification of films' and CBFC exercises the statutory power. Sub-section (3) covers many an area. Sub-section (3) of the said Section reads thus: 5A. Certification of films.- (1) ...... (2) ...... (3) Subject to the other provisions contained in this Act, a certificate granted by the Board under this section shall be valid throughout India for a period of ten years. It is contend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... film in such whole, part or district of the State of Rajasthan. (2) Where an order under Sub-section (1) has been issued by a District Magistrate, a copy thereof together with a statement of reason therefor, shall forthwith be forwarded to the State Government and the State Government may on a consideration of all the facts of the case confirm, modify or cancel the order. (3) An order made under this section shall remain in force for a period of two months from the date thereof but the State Government may if it is of opinion that the order should continue in force direct that the period of suspension shall be extended by such further period, as if it thinks fit. It is also further urged by him that the CBFC is not in a position to take all aspects into consideration as it does not have the inputs regarding the law and order situation in the concerned States. 14. For the present, we are considering the prayer for grant of interim relief, i.e., whether the notifications/orders prohibiting the exhibition of the film should be stayed or not. The creative content is an insegregable aspect of Article 19(1) of the Constitution. Needless to emphasise, this right is not absolut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aving due regard to the fundamental conception of right of freedom of speech and expression. In this regard we may reproduce a passage from an order of this Court in the case of Nachiketa Walhekar v. Central Board of Film Certification and Anr. passed on 16.11.2017 in W.P.(C) No. 1119 of 2017: Be it noted, a film or a drama or a novel or a book is a creation of art. An artist has his own freedom to express himself in a manner which is not prohibited in law and such prohibitions are not read by implication to crucify the rights of expressive mind. The human history records that there are many authors who express their thoughts according to the choice of their words, phrases, expressions and also create characters who may look absolutely different than an ordinary man would conceive of. A thought provoking film should never mean that it has to be didactic or in any way puritanical. It can be expressive and provoking the conscious or the subconscious thoughts of the viewer. If there has to be any limitation, that has to be as per the prescription in law. In view of the aforesaid, we direct there shall be stay of operation of the notifications and orders issued by the Respondent- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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