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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Shyam Bharteey - Appellant
Versus
Central Board of Film Certification Regional Officer Delhi - Respondent
W.P.(C) 14659 of 2022 and CM Appl. 44880 of 2022
Decided On : 02-12-2022
Appeals under Section 5C of the Cinematograph Act now lie in the High Court following the abolition of the Appellate Tribunal, with procedural adjustments mandated by the Tribunal Reforms Act, 2021.
Headnote:(A) Cinematograph Act, 1952 - Section 5C - The refusal of the Central Board of Film Certification to grant a certificate for film exhibition was challenged. The appeal now lies in the High Court following the abolition of the Appellate Tribunal by the Tribunal Reforms Act, 2021. (Paras 4, 6)
(B) Procedural Directions - Consequent upon the Tribunal Reforms, the Chief Justice issued an office order stating that appeals under Section 5C shall now be registered as RFA until rules are framed. (Paras 5, 7)
Facts of the case:
The petitioner contested the refusal of certification for the film 'MASOOM KAATIL', necessitating a new categorization under the Cinematograph Act after legislative changes.
Findings of Court:
The petition will be renumbered as a Regular First Appeal (RFA) and listed accordingly.
Issues: Whether the refusal of certification by the Central Board was justifiable under the revised legislative framework.
Ratio Decidendi: The court affirmed that under current law, appeals against such refusals are appropriately heard as RFAs, ensuring adherence to newly established procedural norms.
Result: Application for personal representation was granted; matter to be renumbered as RFA.
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 44880/2022
2. This is an application seeking permission for the Petitioner to appear and argue the case in person. The Petitioner is permitted to appear and argue his case. The CM APPL. 44880/2022 is therefore disposed of as infructuous.
W.P.(C) 14659/2022
3. The Petitioner has challenged the refusal of the grant of certification of the Central Board of Film Certification for exhibition of the Petitioner's film `MASOOM KAATIL (Hindi)'.
4. Heard. Under Section 5C of the Cinematograph Act, 1952, an Appeal would lie challenging an order refusing to grant a certificate. Earlier, the Appeal would lie before the Appellate Tribunal constituted under Section 5D. However, upon the enactment of the Tribunal Reforms Act, 2021, the Appellate Tribunal has been abolished and the appeal would lie to the High Court.
5. Consequent upon the decision taken by this Court, an office order has been issued to the following effect by the Chief Justice. The said office order is extracted below:
No. 667/Original Side/DHC Date: 07 July, 2021
OFFICE ORDER
Consequent upon promulgation of The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, Hon'ble the Chief Justice, on the recommendations of the Hon'ble Committee constituted for the purpose, has been pleased to pass the following directions:
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5. Any appeal under Section 5C of the Cinematograph Act, 1952, until the framing of the Rules in this regard, shall be registered as RFA.
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These directions shall come into force with immediate effect.
By Order
Sd/-
(Manoj Jain)
Registrar General
6. Pursuant to the above an office order under which the renumbering has to be done has been issued. The same is extracted below:
Re: Office Orders No. 667/Original Side/DHC dated 07.07.2021 and No. 685/Original Side/DHC dated 13.07.2021:
Reference to the aforementioned Office Orders thereby creating Intellectual Property Division as well as the new nomenclatures, consequent upon promulgation of The
Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The nomenclatures so created and the proposed category codes are mentioned hereinbelow:
| Relevant Statute | Nomenclature newly created (for I.P. Division) | Proposed Category Code |
| Cinematograph Act Sec.5C Appeal against order of the Film Certification Board to the Film Certification Appellate Tribunal (now High Court) | R.F.A. (IPD) | 48014 |
The present writ petition may thus be renumbered as a RFA under the Cinematograph Act, 1952 and be listed before the appropriate Bench on 12th January, 2023.
7. In the meantime, ld. Counsel for the Respondent would place on record a short affidavit giving the reasons for refusal and the names of individuals who constituted the panel who refused the certification.
8. List on 12th January 2023, as per Roster before the Bench hearing RFA matters.
