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1997 Supreme(Kar) 508

Karnataka High Court
N.P.AMRUTHESH - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 09-04-97
W.P. : 17540 of 1997

Advocates:
BADAWADGE, DEVADAS, G.S.VISHVESHVARA, K.RAGHAVENDRA RAO, KETAN DAVE, Mahantesh S.Hosamath, RAVI VERMA, S.M.HEGDE

Headnote:Indian Penal Code, 1860-Sections 191 and 199, Contempt of Court Act, 1971-Section 2(c)-Perjury-Producer of Film filing false affidavit that his film is being exhibited after deleting voluntarily the portion which was denigrating judiciary-but the said film was exhibited without deleting the said portion-perjury committed.

H. N. TILHARI, J.

( 1 ) BY this petition under article 226 of the constitution, the petitioner who is an Advocate of this court and who being public spirited, always raised voice against the acts of insult or acts having tendency to insult or disgrace the things of national importance, such as national flag, national anthem, or the institutions like court i. e. , judiciary or judicature established under the constitution, is seeking direction of the court for deletion of such things which have tendency to degrade or disgrace things of national importance, dignity of the court or dignity of women or the like and has prayed for issuance of writ or direction in the nature of prohibition or writ of mandamus prohibiting or directing the respondents not to exhibit as well directing them to remove the scenes which have tendency of degrading the status of national flag and national anthem or of judicial system or the dignity of woman, which according to the petitioner have been shown in the film jackie chan. He has also prayed for a direction to the censor board to withdraw permission for exhibition of the film "jackie chan", either in kannada or in tamil or telugu or in any other language in the film theatre, in any part of the country, including the states of karnataka, tamil nadu and andhra pradesh and for further direction to the respondents, not to grant subsidy on such films, which have such tendency of insulting the nation or national flag, national anthem or the judicial system of this country or which have tendency to affect adversely the dignity of women or morals of society especially adolescents.

( 2 ) THE petitioner has asserted in the writ petition that this film "jackie chan" has been produced by the same set of persons who had earlier produced the film "police story" in kannada and the petitioner had to file writ petition No. 27366 of 1996, challenging the exhibition of the film named as 'police story', which had a tendency of disgracing, degrading, misleading and undermining the status of the judicial system in that film and in that case the third respondent had filed written apology by affidavit. The said petition filed in respect of the film "police story" is yet a matter pending before this court for final decision. Petitioner's case is that the petitioner has objection to the film "jackie chan" with regard to scenes which are insulting or which have tendency to insult the nation, the national flag, national anthem, judicial system and also to insult the member of the bar or advocates by describing the lawyer as a phoot lawyer, as well as against the scene of rude, violence, cruelty, gang war and also scenes having tendency of degrading the dignity of woman including the scene of kicking. The petitioner claims that he has been interested in seeking relief for curbing the indecent way of exhibiting or showing the working of judicial system, or administration or Justice as well as curbing the insult made to woman or to national flag or to national anthem. The petitioner has asserted that the petitioner had seen the film at geethanjali theatre at malleswaram, on 3rd july, 1997 and when the petitioner had seen the film "jackie chan", on 3-7-1997, there was a scene in which national flag was shown to be hoisted and when it was hoisted by the person shown or depicted as chief minister/governor and national anthem was being sung, the character singarappa, who was playing the role of ex. Chief minister and who had lost the seat of chief minister's post was shown to be sitting on chair and he had been shown not to have stood up when the national flag was hoisted and national anthem was being sung and was shown to have acted in the manner exhibiting dishonour and disrespect to the national flag and national anthem. Petitioner's case is that in that scene it was also shown that the inspector of police or character playing the role of inspector of police by name simha, came there and asked the ex. Chief minister singarappa to s


































































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