The exhibition of films by means of a video cassette recorder in the premises of a club registered under the Societies Registration Act, 1860, comes within the licensing provisions of Section 3 of the Bihar Cinemas (Regulation) Act, 1954.

S.S.SANDHAWALIA, J.

1. Would the exhibition of films by means of a video cassette recorder in the premises of a club (registered under the Societies Registration Act, 1860) come within the licensing provisions of S.3 of the Bihar Cinemas (Regulation) Act, 1954 , is the significant question in this writ petition.

2. The facts are not in dispute the H.R. Club, a Fatuha, is a society registered under the Societies Registration Act, and it is averred that the same is primarily being run for the benefit of its members and others and it has installed a video cassette recorder for the entertainment of its members, without charging anything expressly for the film shows. However, the Officer-in-charge, Fatuha police station, directed the petitioner to stop the exhibition of films by means of the video cassette recorder on T.V. screen, under threat of penal action apparently on the ground that the premises were not duly licensed under the Bihar Cinemas (Regulation) Act, 1954 (hereinafter called the Act). It is the petitioners claim that the exhibition of these films in the club without any specific charge therefor does not attract any of the provisions of the Act or of the Central Cinematograph Act, 1952.

3. In the counter-affidavit filed by the Executive Magistrate, it is averred that the club being a registered society is, in itself, an indication that it is something in contradistinction to the word domestic. It is pointed out that the membership of the club is open to any person and it charges fees from its members which would cover the charge for the showing of video films. It is the claim that the performances are made by public announcement and the exhibition of the cinema shows is of a nature which cannot possibly be equated with those in a residence restricted to family members only. It is categorically averred that the exhibition of these films amounts to public display by means of a pre-recorded cassette film on the large screen of a T.V. set in the club. In terms, the stand taken on behalf of the respondents is that the showing of these films would amount to an exhibition within the meaning of S.3 of the Act and any other construction would tend to defeat the very purpose of the same.

4. Perhaps, at the very outset it may be noticed that the larger question whether a VCR when used for playing back pre-recorded cassette films would fall within the ambit of the Act, now stands settled by the recent Division Bench judgment in C.W.J.C. No.13 of 1984 (reported in 1985 Pat LJ 326) and analogous cases decided on the 14th Sept. 1984 Hotel Mangalam V/s. State of Bihar. Therein the primary and, indeed, the solitary issue before the Bench was whether the exhibition of films through a video cassette recorder on a television screen would come within the definition of cinematograph under, S.2(6) of the BiharCinemas (Regulation) Act. 1954 and would consequently be subject to the licensing provisions of Ss.3,4and 5 thereof. On behalf of the petitioners ingenious and ancillary submissions not considered in the earlier precedents were examined therein and rejected. Primarily following the consistent weight of precedent in the High Courts of Madhya Pradesh, Bombay, Himachal and Delhi and relying on Restaurant Lee V/s. State of Madhya Pradesh, AIR 1983 Madh Pra 146, the answer to the primal question arising in the case was plainly rendered in the affirmative. In the light of the above, the narrower issue that now arises is whether such an exhibition in the premises of a club would equally come within the scope of S.3 of the Act.

5. Learned counsel for the writ petitioner primarily took his cue from one of the many dictionary meanings of the word exhibition as being a public display or show for purposes of amusement or instruction. Emphasis was sought to be laid entirely on the concept of a public as distinct from a private place and it was contended that the premises of a club being one where the right of entry was restricted, it could