JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.: - "Chand Bujh Gaya" is a feature film produced by Faaiz Anwar. The film dwells on the travails of a young couple - a Hindu boy and a Muslim girl - whose friendship and lives are torn asunder in riots in the State of Gujarat. The Central Board of Film Certificate ('CBFC') refused to certify the film for exhibition. The Film Certification Appellate Tribunal affirmed that order. The producer is before the Court under Article 226 of the Constitution. For the reasons that we now proceed to record, we have come to the conclusion that the reasons which weighed with the CBFC and the Tribunal constitute a clear infringement of the fundamental right of the producer under Article 19(1)(a) of the Constitution. We hold that the reasons are unsustainable and that certification for the film could not lawfully have been refused.

II

2.Besides "Chand Bujh Gaya", Mr. Faaiz Anwar states that he has been associated with the production of several films, among them "Dil Hai ke Manta Nahi", "Sajjan" and "Vijay Path", "Chand Bujh Gaya" was produced under the banner of F.A. Picture International with an aggregate footage of 11602 feet comprised in 15 reels. On 22nd Septe

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