The overall impact and message of a film should be considered, and isolated scenes should not be overemphasized when evaluating its potential impact on the audience.

JUDGMENT

Indrajit Mahanty, J.

1. This writ application has been filed by one Bibhuti Bhusan Jena asserting that he is a social activist engaging in the socio-economic development of the State of Orissa through social and political movements through democratic process and is the President of the Bharatiya Janata Yuva Morcha (BJYM), the youth wing of Bharatiya Janata Party.

2. In this writ application, the Petitioner has sought for appropriate direction for re examination of the movie by a high level committee and for imposition of ban on the screening and exhibition of the Oriya Movie by the title "Swayamsidhha" which was proposed to be released on 12.8.2010 on the ground that the said movie glorifies the Maoists/Naxalities' ideology and the youths of the State who are likely to be influenced by such movies and thereby attracted to the ideology of violence as spread by the Maoists/Naxalities and thereby, worsen the law and order situation in the State.

3. Upon hearing the learned Counsel for the parties, by way of an interim order dated 10.8.2010 (modified by order dated 11.8.2010), in view of the power conferred under Section 13 of the Cinematograph Act, 1952 (in short 'the Act, 1952'), the Commissioner of Police, Bhubaneswar-Cuttack as well as the Deputy Commissioner of Police, Cuttack were directed to witness the movie in its premier show which was scheduled to be screened on Thursday (12.8.2010) in presence of the learned Counsel for the Petitioner, Sri S.K. Padhi, learned Senior Counsel appearing for the Producer of the movie (O.P. No. 4), the learned Government Advocate and Mr. G. Mishra, learned Additional Standing Counsel. Further direction was issued to the Commissioner of Police, Bhubaneswar-Cuttack to submit his report in consonance with the provision of Section 5(b) of the Act, 1952 in a sealed cover on 16.8.2010 for perusal of the Court.

4. Pursuant to the aforesaid direction, a report has been submitted by the Commissioner of Police, Bhubaneswar-Cuttack in a sealed cover along with covering of its letter dated 15.8.2010. The same was opened and perused and also permitted to the Petitioner's counsel to peruse the said report and to make submissions thereto. The matter was then adjourned for two days on the request made by the learned Counsel for the Petitioner and was heard on 18.8.2010. Learned Counsel representing the parties were heard and the Petitioner filed an additional affidavit containing his further averments, the relevant paragraphs of which are quoted hereinbelow:

That the film glorifies the Maoist ideology. The film also put several critical questions about the sanctity of the system, at large. In several occasion it has been uttered in the film that the prevailing system in the country has failed in all account, especially "60 years after Independence

That in the end of the film the Maoist Commander, who is in a negative role believe in violence has addressed his troop and said that "Individual like SWAYAMSHIDDHA (name of the heroine) may come or left the organization but our ideology will remain for ever, when there will be injustice, exploitation or torture by the system, Maoism is there to react, LAL SALAM".

Unfortunately the above dialogue has picturised in such a manner, it seems to be the message of the entire film.

That the film tries to portrait the system as corrupt and every person working in the system as corrupt one. The song title "AME MATIRA MANISHA" provoke the listener to declare war against the system.

That in the film, unnecessarily the flag, Banner, Slogan of Maoist has been extensively displayed. The Director can symbolically use above thing but he has not done so. In every maoist affected area the common people have a fear psychosis of the above article and through the film it appears as the flag & banners are advertised by the filmmaker.

That now-a-days youth of our country are very much fond of cricket, film and politics and their role model are the Film Star, Cricketer and Politicians. If