Delhi High Court on Friday said there appeared to be no provision in the Cinematograph Act to allow a third party to appeal against the certification granted to a film for public viewing, which led to petitions being filed against release of movies.
“Even we also find that the Act is silent on this aspect. Because of this, everyone is filing a writ petition under Article 226 of the Constitution,” Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal said.
The court issued notice to the Central Board of Film Certification (CBFC) and sought their reply on whether there was a provision in the Act for a third party to appeal against the certification granted to a movie.
CBFC, during the brief arguments, said under the rules, there was a provision as per which a third party can approach the Board and file a complaint against certification granted to a film. The complaint is then forwarded to the government, the CBFC’s lawyer said.
The court, thereafter, directed CBFC to file an affidavit regarding the position on third party appeals and listed the matter for hearing on January 9, 2017.
PIL against 31st October The order came on a PIL opposing the release of Bollywood movie 31st October based on the aftermath of the assassination of Indira Gandhi, including the 1984 anti-Sikh riots. Indira Gandhi was assassinated on October 31, 1984.
The plea has also sought a direction to the authorities to enlarge the scope of the appellate tribunal to entertain complaints by third parties with respect to a film which has been certified for public viewing.
At the outset of the hearing, the bench said it had already made it clear that it won’t interfere with the Censor Board’s certificate granted to the film for public viewing.
However, the lawyer for petitioner Ujjawal Anand Sharma said he was confining their plea to the second prayer.
Sharma has said, in his plea, that this would reduce burden of cases before the High Court and would also “result in a speedy and relatively cheap and effective remedy for a person aggravated by a film certified for public exhibition”.
“Nothing objectionable” On Thursday, the court had cleared the decks for release of the film saying there was nothing objectionable in it.
It had dismissed a plea, by Ajay Katara, opposing the film’s release, which was today, saying the petition was “devoid of merit” and the allegations in it were “vague and unsubstantiated”.
The bench was of the view that video trailer and posters of the film were “not sufficient to arrive at a conclusion that the contents of the film are objectionable as sought to be contended” in the plea.
The court had also said that since the CBFC has certified the movie, starring Soha Ali Khan and Vir Das in the lead, for public exhibition, “no interference is warranted”.
The PIL by Ajay Katara had opposed release of the film claiming that it is against the ideology of the “oldest political party of the country” and that it showed an existing political figure in a bad light as the producers used a look-alike of the person in the movie. Katara had not named the political figure in his plea.
