SUPREME COURT OF INDIA
S. RANGARAJAN
Versus
P. JAGJIVAN RAM
Decided on, March 30, 1989
Constitution of India, 1950 - Article 19 - Cinematograph Act, 1952 - Working in a local church - Policy of government for benefit of backward communities - Otherwise belongs to very poor family and whose father was working in local church responds with gratitude - He devises method to help because it was through father that he got proper education and rose to become - He prepares false certificate showing belonging to an community and as orphan - He issues certificate reservation policy government for benefit of backward communities identified on caste consideration - On basis of false certificate gets admitted to college and enters - Witness to this arrangement is brother in law called Anthony who later turns out to be villain of piece – Held, IN this case two Revising Committees have approved film - Members thereof come from different walks of life with variegated experiences - They represent cross section of community - They have judged film in light objectives of Act and guidelines provided for purpose – Court do not think that there is anything wrong or contrary to Constitution in approving film for public exhibition - Producer or as matter of fact any other person has right to draw attention government and people that existing method of reservation in educational institutions overlooks merits - He has right to state that reservation could be made on basis of economic backwardness to benefit of community - Whether this view is right or wrong is another matter altogether and at any rate court are not concerned with its correctness or usefulness to people – Court are only concerned whether such view could be advocated in film - To say that one should not be permitted to advocate that view goes against first principle our democracy – Court end here as court began on this topic - Freedom of expression which is legitimate and constitutionally protected cannot be to ransom by an intolerant group of people - Fundamental freedom Article can be reasonably restricted only for purposes mentioned in Article and restriction must be justified on anvil necessity and not quicksand of convenience or expediency - Open criticism of government policies and operations is not ground for restricting expression – Court must practice tolerance to views of others - Intolerance is as much dangerous to democracy as to person himself – Appeal allowed
Judgment-
K. JAGANNATHA SHETTY
( 1 ) THESE appeals by leave from the judgment of the division bench of the Maji-as High court revoking the "lj Certificate issued to a Tamil film called "ore Oi-n Grmnatlulc (In One Village) lor public exhibition. Civilnos. 1668 and1669 of 1988 are by the producer of the film and the Civilnos. 13667 and 13668 of 1988 are by the Union of India.
( 2 ) THE story of "ore Oru Gramathile" can be summarised as follows:
A Brahmin widower, Shankara Sastry, has a talented daughter Gayathri. He apprehends that she would not be able to get admission to college because she belongs to a Brahmin community. He seeks advice from his close friend Devashayam, a Tahsildar. The Tahsiidar who otherwise belongs to a very poor family and whose father was working in a local church responds with gratitude. He devises a method to help Gayathri because it was through Sastrys father that he got proper education and rose to become a Tahsildar. He prepares a false certificate showing Gayathri as Karuppayee belonging to an Adi Dravida community and as an orphan. He issues the certificate under the reservation policy of the government for the benefit of backward communities identified on caste consideration. On the basis of the false certificate, Karuppayee gets admitted to college and enters I. A. S. Witness to this arrangement is the brother-in-law of Tahsildar called Anthony who later turns out to be a villain of the piece.
YEARS later, Karuppayee, who was working in Delhi is sent to a rural village called Annavayil as a Special Officer for flood relief operations. Her father, Shankara Sastry happens to work in the same village as Block Development Officer. However, both of them pretend not to recognise each other. Karuppayee takes her work seriously and improves the living conditions of people to such an extent that she is held by them in high esteem. By a coincidence, after the death of the Tahsildar, Anthony comes to live in the same village and recognises Karuppayee. He starts blackmailing her and threatens to reveal the fraudulent means by which she got the caste certificate. His attempt is to extract money from her frequently. One evening when he visits Karuppayees house, he is confronted by Shankara Sastry who puts a halt to his blackmailing. Later Anthony dies of sudden heart attack but not before he informs the government about the facts relating to Karuppayee. Upon preliminary enquiry, the government suspends both Karuppayee and her father and eventually they are put on trial in the court. The people of the village resentful of the action taken against Karuppayee rise as one man and demonstrate before the court in a peaceful manner for her release. They also send petitions to the government.
KARUPPAYEE and her father admit in the court the fact of their having obtained the fuels caste certificate but they attribute it to circumstances resulting by government reservation policy on caste 580 basis, They say that they are prepared to undergo any punishment. They contend that some politicians are exploiting the caste consideration and that would be detrimental to national integration. . They also argue that the reservation policy should not be based on caste, but could be on economic backwardness. Just about the time when the judgment is to be pronounced the court receives intimation from government that in the light of petitions received from the public, the case against Karuppayee and her father stands withdrawn. Karuppayee goes back to her government job with jubiliant people all round.
( 3 ) THIS is the theme of the picture presented. As usual, it contains some songs, dance and side attractions to make the film more delectable.
( 4 ) ON 7/08/1987, the producer applied for certificate for exhibition of the film. The examining committee upon seeing the film unanimously refused to grant certificate. The appellant then sought for review by a Rivising Committee which consisted of nine members. This Committee reviewed the f
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