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2016 Supreme(Mad) 3117

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, J.
K. Ganeshan - Petitioner
Vs.
Film Certification Appellate Tribunal, Ministry of Information and Broadcasting – Respondents
W.P. No. 32478 of 2015, M.P. No. 1 of 2015 and O.A. No. 1306 of 2015 in C.S. No. 971 of 2015
Decided On : 29-09-2016

Advocates Appeared:
Mr. S.Doraisamy in W.P.No.32978 of 2015 & 1st & 2nd respondents in C.S.No.971 of 2015
For the Respondents: Mr. T.L. Thirumalaisamy, Ms. Kanimozhi Mathi.

Headnote:Article 19(1)(a) of Constitution of India, 1950 and Section 5B, Cinematograph Act, 1952- the issue was regarding the film certification which was refused by CBFC on ground that the film depicted violence, terrorism, sexual distortion of women in Sri Lanka, poor condition of Sri Lankan army-also it described about the two communities, Tamil and Sinhalies, in Sri Lanka, which had contrasted opinion by one praising LTTE and the other blaming the Indian government-hence the petition was not allowed and the order of the CBFC was upheld.

ORDER :

The Writ Petitioner, a native of Bangalore, claims to be a professional Film Director having directed six Kannada films, which were box office hits. In the Writ Petition, he challenges the order passed by the Central Board of Film Certification (CBFC), refusing to grant certification to a feature film in Tamil directed by him, titled “Porkalathil Oru Poo”, portraying the life of a Journalist in Sri Lanka Ms.Isai Priya, which order was confirmed in appeal by the Film Certification Appellate Tribunal (FCAT). The third and fourth respondents in the Writ Petition are the sister and mother of the said Ms.Isai Priya. The petitioner claims to having been inspired to make the film after watching a telecast by a London based TV network called 'Channel-4' which telecasted inhuman atrocities and barbaric acts committed by the Sri Lankan Army personnel on Ms.Isai Priya, which ultimately led to her tragic demise. The petitioner claims to have gathered details of Ms.Isai Priya and her family background and that the family of Ms.Isai Priya was involved in the freedom movement of Tamil Eelam; she was married and she had a girl child, she was an Orator, Dancer, Singer and a Poet and she joined a Tamil Television Channel in Sri Lanka and worked as a News Reader. The petitioner would further state that on account of the atrocities committed by the Sri Lankan Army during 2009, which resulted in a war like situation, Ms.Isai Priya's child died due to starvation and she is said to have arranged for the clandestine exist of her family members from Sri Lanka, while she chose to remain there. According to the petitioner, since the Tamil Television Channel in which Ms.Isai Priya was working, was telecasting information about the atrocities committed by Sri Lankan Army, she was personally targeted and illegally picked up from her house, subjected to inhuman treatment and was gang raped and ultimately died. The petitioner is said to have narrated the story, to Mr. J.C. Gurunadh Chalasani who was interested in producing the film and that is how the petitioner states that he shot the film Porkalathil Oru Poo. The film opens with the scene showing the Hon'ble Chief Minister Dr. Selvi J. Jayalalitha and referring to a resolution passed by the Tamil Nadu State Legislative Assembly on 27.03.2013, purportedly to protect the interest of the Sri Lankan Tamils and to eschew violence against them. An application was preferred before the CBFC on 06.05.2015 for certification of the film under the provisions of the Cinematograph Act, 1952, (hereinafter referred to as the 'Act'). The Examination Committee of the CBFC viewed the film on 11.05.2015 and it appears that the Regional Officer had informed the petitioner that there are objectionable materials in the film and she will not permit the film to be certified. The matter was thereafter placed before the Revising Committee, which viewed the film on 22.05.2015, after which the impugned order dated 25.05.2015, was passed, refusing certification. The reasons for refusing certification as stated in the impugned order is that the film criticise the Indian country and Sri Lankan Army and justifies Tamil Eelam by LTTE, a banned outfit; the film shows brutal gang rape, killing of LTTE Journalist Ms.Isai Priya and it contains too much of violence; the film is based on incidents of a LTTE Journalist; the map shows a separated Tamil Eelam by LTTE and the last two reels deal with brutal inhuman killing and rape. Thus, the CBFC concluded that the film violates various clauses of the Guidelines for Certification of Films for Public Exhibition namely, clauses (2)(xvi)-friendly relationship with foreign states are not strained, 2(ix)-scenes degrading or denigrating women in any manner are not presented; 2(x)-scenes involving sexual violence against women like attempt to rape, rape or any form of molestation of scenes of a similar nature and 2(xi) scenes showing sexual perversions. On appeal to the Tribunal (FCAT) under Sectio
























































































































































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