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1995 Supreme(Kar) 115

Karnataka High Court
N.P.Amrutesh - Appellant
Versus
State of Karnataka - Respondent
Decided On : 02-22-95
W.P. : 3016 of 1995

Advocates:
H.H.Kaladagi, JAYALAKSHMI RAMESH, N.DEVDAS, NANJUNDASWAMY, SHYLENDRA KUMAR, SRIDHAR PLEADERS

H. N. TILHARI, J.

( 1 ) THIS Writ Petition has been filed under Article 226 of the Constitution of India by the two petitioners, who are Advocates of this Court, as public interest litigation seeking the issuance of (a) writ of prohibition or order or direction against respondents 3 to 4 directing them not to exhibit Kannada film 'kona Eedaite' (which means in English that He Buffallo gives birth to a calf), on 2-2-1995, or on any subsequent dates in any film Cinema, theatre and Celluloid for general public either in the State of Karnataka, or anywhere within the territory of India, as well as, for directing respondents 1 and 2 to take back / withdraw the certificate / permission for exhibition of the aforesaid Kannada Film and for costs. While, moving the writ petition, the petitioners also prayed for an ex parte interim order directing respondents not to exhibit the film on 2-2-1995 or on subsequent dates pending decision or disposal of this writ petition by the Court after witnessing and examining finding, if it is fit for being released for exhibition.

( 2 ) THE petitioners' case has been that the petitioners have been practising as Lawyers in the High Court of Karnataka and Courts subordinate to it and have always been interested in maintenance and upholding of the dignity and sovereignty of the nation and the Courts including the High Court forming part of judicial system of our country of which the petitioners considered themselves to be the part and parcel as the officers of the Courts being the Advocates. The petitioners have asserted that they are interested in taking recourse to the law Courts seeking relief of prohibition and curbing, of the exhibition of films, by the Courts which depict Courts and judicial system in an indecent manner. The petitioners have further alleged that they are not seeking any relief in their individual capacity, but, have got common interest to save the judicial system from being maligned and degenerated, as such they have filed this writ petition. Whereas, in this Writ Petition, it has been alleged by the petitioners (sic) were pained to see and mark scenes disgracing as well containing sets, dialogues or things tending to mislead the people about working in Courts and thereby adversely affect the judicial system by depiction of that Kannada film aforesaid which is to be released on 2nd of Feb, 1995. The whole judicial system starting from the Lowest Court up to the Highest Court of the country has been brought down in the film, making a mockery of it, in the eye of the public when may have the view of the film. The petitioners have further mentioned that Respondent No. 1, is the Licensing Authority permitting the exhibition of the film in the State of Karnataka, while, Respondent No. 2, is the Censoring authority granting censor's certification and that the 3rd respondent in this Writ Petition is the producer of the film under the banner 'bellala International Films and 4th respondent is the film story writer and Director of the film, while, respondent No. 5, is the Distributor of the film. That the petitioners had actually seen and witnessed the Kannada movie aforesaid at Basant Coloured Laboratories, K. H. Road, Bangalore, in a pre-view show conducted in a range by the producer and director.

( 3 ) THE petitioners state that the story of the film begins from Law College environment, where a poor brilliant law college student is prosecuting his studies, who becomes victim of the circumstances by intervention of the two lady students and their respective fathers, who are depicted to be the leading Advocates practising mainly on the criminal and civil sides. That on illegal gratification extended by both the lady students and their respective fathers in the purchasing of the ranks and gold medals from the Vice-Chancellor of the University, against the norms and values or merits of that brilliant rank student and a gold medalist in his career feels frustrated. It shows that the Law degrees

























































































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