IMPORTANT POINT
There is no infirmity in the CBFC granting certificate to “Aiyaary” after consulting army officials.
Court should not add any disclaimer in a film for the asking.

JUDGMENT :

Dipak Misra, CJI.

The petitioner, a registered society, has preferred this petition under Article 32 of the Constitution of India seeking appropriate directions for prohibiting the respondent Nos. 4 to 7 from releasing/screening/publishing feature film, namely, “Aiyaary” with direct or indirect references to the petitioner society's land/building/membership, for such an action is bound to affect the Right to Life under Articles 14 and 21 of the Constitution. It is also prayed that the said respondents should be commanded to delete all those parts in the ensuing feature film which has direct or indirect references to the society in question.

2. It is contended by Mr. Sanjay R. Hegde, learned senior counsel for the petitioner, that the film, which is going to be released, has projected the society in an unacceptable manner and that is likely to have some impact on the litigations which are pending apart from affecting the reputation of the members of the society. A newspaper article has been brought on record to highlight how the script has been written and how the dialogues have the innuendos to reflect on the image of the society as well as its members. Learned senior counsel has highlighted that the members of the society have built a reputation which is very dear to their life and if the film is allowed to be released, the same shall destroy the established reputation and the posterity will remember the image projected in the film but not the real image which the members have. According to Mr. Hegde, the “reel reflection” will garner the mindset of the people rather than the “real life lived”.

3. It is not in dispute that the film “Aiyaary” has already been given the requisite certificate by the Central Board of Film Certification (for short “CBFC”) under the Cinematograph Act, 1952 (for brevity, “the Act”) and the said Board has also taken the suggestions from the competent authorities of the Army as a measure of caution. There can be no shadow of doubt that the Censor Board can grant a certificate and in the said decision making process, it can also consult the persons who can assist it to arrive at the condign conclusion. We do not intend to name the number of authorities which have been referred to in the pleadings.

4. Learned counsel had laid emphasis on R.K. Anand v. Registrar, Delhi High Court, (2009) 8 SCC 106 and the paragraph that has been commended to us is extracted below:-

“The impact of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt regardless of any verdict in a court of law. During high publicity cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial impossible but means that regardless of the result of the trial, in public perception the accused is already held guilty and would not be able to live the rest of their life without intense public scrutiny.”

5. A passage has also been referred to from the decision in State of Maharashtra v. Rajendra Jawanmal Gandhi, (1997) 8 SCC 386 which states thus:-

“There is procedure established by law governing the conduct of trial of a person accused of an offence. A trial by press, electronic media or public agitation is very antithesis of rule of law. It can well lead to miscarriage of justice.”

6. Our attention has been drawn to a few passages from the judgment of the Bombay High Court in Mushtaq Moosa Tarain v. Government of India, (2005) SCC Online Bom. 385. As Mr. Hegde has laid immense stress on the paragraphs from the said judgment, we think it appropriate to reproduce the same:-

“56. The Censor Board has framed guidelines. These guidelines are framed under section 5b(2) of the cinematography act. One of the guiding factors is that visuals or words “involving defamation of an Individual or Body of Individual or contempt of court are not presented. These guidelines ensure that nothing should be permitted which amounts to interferi