2007 Supreme(Raj) 1863
RAJASTHAN HIGH COURT AT JODHPUR BENCH
P.B.Majmudar, Munishwar Nath Bhandari, JJ.
Rajasthan Chapter of Indian Association of Lawyers Through Its Secretary - Appellant
Versus
Union of India and Another - Respondent
D.B. Civil Special Appeal (W) No. 198 of 1997.
Decided On : 17-07-2007
Advocates:
For the Appellant:A.K. Choudhary, Advocate.
For the Respondents:Rajesh Joshi, Advocate.
Headnote:Cinematograph Act, 1952 – S. 3, 5(c), 5B Censor of films – Commercial film Court scenes usually ridicule judicial system – direction sought to add jurist in Censor Board – held, no material shows Censor Board not discharging function properly – Act contains complete code for suspension provisions – no direction be given though some films be considered – petition rightly dismissed.
JUDGMENT
1. - This appeal has been filed by appellant-Rajasthan Chapter of Indian Association of Lawyers through its Secretary challenging the judgment and order dated 27.01.1997 passed by the learned Single Judge by which the learned Single Judge has dismissed the writ petition.
2. The appellant herein is an Association and as per the averments made in the writ petition, it is interested in enforcing the rule of law and interested in creating confidence of the public at large in judicial system. The grievance of the appellant-petitioner is that in some of the motion pictures, the court scenes are not properly projected and the scenes are exhibited in such a manner that it lowers down the image of the judiciary in the public at large. It is averred in Para 3 of the writ petition that the Judges are shown lacking knowledge of law and human affairs and being mute spectators of violation of law. Lawyers are also shown as persons sold to criminals and are also shown indulging in tampering with evidence which shocks the faith and 5 confidence of the people in judicial system. In Para 4 it is averred that in various films, court scenes are not properly shown. The petitioner Association being concerned with dignity and sovereignty of the judicial system, preferred the writ petition praying for the direction that such films should not be permitted to be exhibited and certificate should not be granted D for exhibiting such films as the same would be against the interest, sovereignty and integrity of India. It is also the case of the petitioner that by showing such court scenes in the films, it may amount to defamation and contempt of the Court. Therefore, the petitioner in Para 10 prayed for the following reliefs:
"It is therefore respectfully prayed that by an appropriate writ, order or direction the Hon'ble Court may be pleased to lay parameters within which the Court scenes and scenes pertaining to the judicial system can be allowed to be exhibited in a film and direct the respondent Censor Board not to certify a film fit for being exhibited if it contains o any court scenes or any matter pertaining to the judicial system which does not fall within the parameters and direct the Union of India in its turn to ensure that the film Censor Board acts within the parameters laid down by the Court.
It is further prayed to direct the Union of India to appoint a retired 5 Judge of the Hon'ble Supreme Court or this Court or eminent Jurist as Chairman or a member of the Censor Board with a duty casts upon him not to allow certification of a film for exhibition which depict the court and the Judicial system except in accordance with the parameters laid down by this Court."
3. The writ petition filed by the appellant was dismissed by the learned Single Judge vide impugned order dated 27.01.1997 on the ground that the petition was filed mainly challenging some of the scenes of film "Shanshah" and the said film was released as far as 5-7 years back before filing of the writ petition. The learned Single Judge also found that no direction can be ,5 given as prayed for in the petition regarding appointment of jurist or a retired judge of Supreme Court or High Court on the panel of Censor Board as members can be appointed only in accordance with law under the Cinematograph Act, 1952 (hereinafter to be referred as "Act 1952"). Against the aforesaid order of dismissing the writ petition, the original petitioner has filed this Special Appeal before this Court.
4. Learned counsel Mr. A.K. Chodhary who is appearing for the appellant has vehemently submitted that the learned Single Judge has committed grave error in dismissing the petition on the ground that the challenge in the petition is made in connection with some of the scenes of film Shanshah which was released 5-7 years back. It is also submitted by Mr. Choudhary that in the writ petition general prayers were also made against the Censor Board and same was not filed solely in connection with the objection
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