IMPORTANT POINTS
Creative content an insegregable aspect of Article 19(1).
Non-exhibition of a film by States after certification amounts to violation of statutory provisions and infringement of fundamental rights of producers.

ORDER

1. Heard Mr. Harish Salve, learned senior counsel and Mr. Mukul Rohatgi, learned senior counsel for the petitioners.

2. Issue notice.

3. As Mr. Tushar Mehta, learned Additional Solicitor General for the States of Gujarat and Rajasthan and Mr. Anil Grover, learned counsel for the State of Haryana have entered appearance on caveat, no further notice need be issued to them.

4. Issue notice to other respondents fixing a returnable date within four weeks.

5. The present writ petition fundamentally assails the notification/order, issued by the two States, viz., State of Gujarat and State of Rajasthan, on 13.01.2018 and 17.01.2018 respectively prohibiting the exhibition of the film, namely, 'Padmaavat'.

6. Be it noted, though the notification issued by the Government of Gujarat has been brought on record, we have been handed over a copy of the order issued by the Government of Rajasthan. Mr. Anil Grover, learned counsel appearing for State of Haryana has stated, the State has, on principle, taken a decision not to exhibit the film in cinema halls though the said decision has not yet culminated in a formal order.

7. It has been submitted by Mr. Harish Salve and Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioners that the Central Board of Film Certification (CBFC) has issued a Certificate under the Cinematograph Act, 1952 (for brevity 'the Act') after constituting an Expert Committee which had seen the movie, critically examined it and suggested few excisions which have been carried out. That apart, it is urged by them that the CBFC had directed the producer to file two disclaimers which he had filed.

8. 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.”

9. 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 necessary to do so in the public interest and to maintain the law and order situation in the State of Gujarat.
Now, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 6 of the Gujarat Cinemas (Regulation) Act, 2004 (Guj. 21 of 2004) (hereinafter referred to as 'the Act'), the Government of Gujarat hereby imposes the ban on Hindi feature film 'Padmavat' produced by Viacom18 Motion Pictures and Bhansali Productions Pvt. Ltd., within the jurisdiction of the State of Gujarat.
(1) This ban on exhibition of the film shall come into effect from the date of publication of this notification.
(2) No cinema owners or distributors shall exhibit the said movie in any Cinemas/Multiplexes/Video Cinema/Touring Cinema etc., within the jurisdiction of the State of Gujarat.
By order and in the name of the Governor of Gujarat.

Sd/-

(K.L. Patel)

Joint Secretary to Government”

10. The State of Rajasthan has issued an order which is to the following effect:

“GOVERNMENT OF RAJASTHAN

HOME(GR.6) DEPARTMENT

F.14(3)Home-6/2013 Part Dated :17th January, 2018

ORDER

WHEREAS the Government of Rajasthan considers it necessary so to do in public interest and to maintain the law and order situation in the State of Rajasthan.

Now, therefore, in exercise of the powers conferred by sub-s