Judgment

HIDAYATULLAH, C.J.I. :- This petition seeks a declaration against the Union of India and the Chairman Central Board of Film Censors that the provisions of Part II of the Cinematograph Act, 1952 together with the rules prescribed by. the Central Government, February 6, 1960, in the purported exercise of its powers under Section 5-B of the Act are unconstitutional and void. As a consequence the petitioner asks for a writ of mandamus or any other appropriate writ, direction or order quashing the direction contained in a letter (Annexure X) dated July 3, 1969 for deletion of certain shots from a documentary film entitled A Tale of Four Cities , produced by him for unrestricted public exhibition.

2. The petitioner is a journalist, play-wright and writer of short stories. He is also a producer and director of cinematograph films. He was a member of the Enquiry Committee on Film Censorship (1968) and is a member of the Children s Film Committee. He has produced and/or directed many films some of which have been well-received here and abroad and even won awards and prizes.

3. The petitioner produced in 1968 a documentary film in 2 reels (running time 16 minutes) called a Tale of Fou