It is not for judges to make “piecemeal analysis” of a movie and apply their subjective views of life to revoke the censor certification issued to a film, the Supreme Court held.
With this, the apex court set aside an August 5, 2005 direction of the Madras High Court to the Union Ministry of Information and Broadcasting and the Central Board of film Certification to revoke the censor certification issued to the Surya-starrer Tamil movie New .
“The High Court should not have undertaken a piece-meal analysis of the movie and applied a subjective standard in reviewing the movie,” a Bench led by Justice N.V. Ramana observed in a recent order.
The Supreme Court questioned the reasons behind the High Court entertaining such a litigation on the movie when the Censor Board had already issued a certificate.
“We are also of the opinion that it was not proper for the High Court to entertain such writ petition, particularly in the peculiar facts and circumstances of this case, more so when an appropriate authority had already issued a censor certificate,” the Bench observed.
The movie makers, S. Annai Mari Madha Creations, represented by advocates P.B. Suresh and Vipin Nair, had moved the Supreme Court against the High Court decision.
They successfully argued that the movie had “already run its life”, however, the revocation of the censor certificate should be set aside so that the film could at least enjoy satellite rights.
Setting and the only grievance is that the cancellation of the censor board certificate may be set aside so as to enable them to enjoy inter alia satellite rights.
A lawyer, A. Arulmozhi, had moved the high court against the film, accusing the makers of vulgar innuendos and obscenity.
A Division Bench of the high court had agreed, observing that the movie “does not educate the public and does not give a healthy environment”.
