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IN THE HIGH COURT OF GUJARAT
ANANT S. DAVE, BIREN VAISHNAV, JJ.
International Hindu Sena - Appellant
Versus
Union of India - Respondent
R/Writ Petition (PIL) No. 234 of 2018
Decided On : 05-12-2018

Advocate Appeared:
For the Appellant :Mr. Jucky Lucky Chan, Mr. Hasmukh J Nenuji and Mr. R D Chauhan, Advocates
For the Respondent: Ms. Nisha Thakore, Asstt. Government Pleader

Headnote:

Constitution of India, 1950 – Articles 226 and 227 – Cinematograph Act, 1952 – Section 5-B – Prayering not to allow exhibition of movie be banned in theatres in Gujarat – Held, Competent Authority has certified a movie to be fit for exhibition for public either in cinema halls or through any other medium, Court exercising powers under Articles 226/227 of Constitution of India, in absence of any illegality per-se, in certifying the movie, having basic purpose of entertaining people at large, is not proper forum to approach by way of a Public Interest Litigation – Court by issuing notice and granting ban on exhibition of movie, which is a work of fiction and creation of art, will certainly result in breach of fundamental rights, more particularly, right to freedom of speech and expression, of Producer, Director and Exhibitors, including script-writers, as they are carrying out lawful activity by producing, directing and exhibiting films – Petition Dismissed. [Para 11 and 12]

Facts of the case:

Writ Petition (PIL) filed by the petitioner, who claims to be the President of International Hindu Sena, Gujarat State, and a social worker, the prayer is to issue appropriate writ, order or direction to the concerned respondents and their authorities not to allow exhibition of movie "Kedarnath". It is also prayed that pending admission, hearing and final disposal of the petition, exhibition of movie "Kedarnath" be banned in theatres in Gujarat

Findings of the case:

Competent Authority has certified a movie to be fit for exhibition for public either in cinema halls or through any other medium, Court exercising powers under Articles 226/227 of Constitution of India, in absence of any illegality per-se, in certifying the movie, having basic purpose of entertaining people at large, is not proper forum to approach by way of a Public Interest Litigation – Court by issuing notice and granting ban on exhibition of movie, which is a work of fiction and creation of art, will certainly result in breach of fundamental rights, more particularly, right to freedom of speech and expression, of Producer, Director and Exhibitors, including script-writers, as they are carrying out lawful activity by producing, directing and exhibiting films.

Result: Petition Dismissed

JUDGMENT :

ANANT S. DAVE, J.

1. In this Writ Petition (PIL) filed by the petitioner, who claims to be the President of International Hindu Sena, Gujarat State, and a social worker, the prayer is to issue appropriate writ, order or direction to the concerned respondents and their authorities not to allow exhibition of movie "Kedarnath". It is also prayed that pending admission, hearing and final disposal of the petition, exhibition of movie "Kedarnath" be banned in theatres in Gujarat.

2. According to the petitioner, the exhibition and public display of the movie will affect sentiments of Hindus and will amount to violation of fundamental rights guaranteed under the Constitution of India. It is submitted by learned advocate for the petitioner that the trailer and the songs of the movie which is to be released on 07.12.2018, are already being exhibited on several internet portals and are also shown on various television channels. Since Kedarnath is a holy place and having seen the trailer of the said movie which contains certain scenes which may disturb sentiments and faith of Hindus, if permitted to be exhibited, the present petition is filed. So as to protect sentiments of Hindu religion certain objectionable scenes, part of the stories, etc. deserve to be censored. It is stated that the above place of worship is highly respected by Hindus. The story of the movie is of a Muslim boy and a Hindu girl who meet at Kedarnath and develop affection with each other. It is further the case of the petitioner that the place of worship by Hindus is not to be treated for showing any kind of intimacy between a boy and a girl and by doing so, the Producer, Director and Exhibitors of the movie are hurting sentiments of Hindus. It is further submitted that the story and the idea and scenes projected disrespect the culture and tradition of Hindu religion and it affects decency and morality as a whole. Besides, certain scenes of the movie, particularly, of intimacy between a Muslim boy and a Hindu girl, are not only rude and offensive but are also not fit for public exhibition.

3. It is submitted on behalf of the petitioner that though a representation has been submitted to the competent authorities, the Central Board of Film Certification and others, as per representation dated 26.11.2018, no steps are taken and allowing release of the movie will render the petitioner remediless and hence urgency to stop exhibition of such movie in cinema halls.

4. Learned advocate appearing for the petitioner relied on Section 5-B of the Cinematograph Act, 1952, which pertains to principles for guidance in certifying films, and the Rules framed thereunder and submitted that a film is not to be certified for public exhibition, if in the opinion of the authority competent to grant the Certificate is against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of Court and is likely to incite the commission of any offence.

5. It is submitted that the facts of this case would reveal that respondents have acted contrary to the Cinematograph Act, 1952, and Cinematography (Certification) Rules, 1983, and even the guidelines issued from time to time for certification of films for public exhibition, and therefore, by issuing notice to the respondents, interim relief as prayed for be granted.

6. At the outset, it may be noted that the Central Board of Film Certification, which is a statutory body, takes decision with utmost objectivity as per the provisions contained in the Act, the rules framed thereunder and the guidelines. On a careful perusal of the record of the case, including representations made by the petitioner to various authorities, namely the District Collector, Gandhinagar, Chairman, and the Chairperson, Central Board of Film Certification, in juxtaposition to Section 5-B of the Cinematograph Act, 1952, and the Rules made th

















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