JUDGMENT

1.This writ petition is filed seeking the following reliefs:- “i. Issue a writ calling for the records leading to Certificate No.DIL/3/1/2020-THI dated 04.03.2020 from the 2nd respondent and to pass appropriate order to meet the ends of justice:

i(a )issue a writ of certiorari calling for the record leading to Exhibit R4(a) and quash the same (incorporated as per order dated 7.7.2021 in IA No.1/2021)

ii. Issue a writ declaring that the certification granted for the film ‘Aquarium’ is by suppressing material facts as regards earlier rejection for the very same script with the name ‘Pithavum Puthranum Parishudhathmavum’ and the certificate now obtained is practicing fraud on 2nd respondent;”

2.Heard Sri.George Poonthottam, the learned Senior Counsel for the petitioners, Sri.Suvin R Menon, the learned Central Government Counsel, Sri. Ajith Viswanathan, the learned counsel appearing for respondents 4 and 5 and Sri.Vijay V.

Paul, the learned counsel appearing for respondents 6 and 7.

3.It is submitted by the learned Senior Counsel for the petitioners that the petitioners are the Roman Catholic Christians and nuns, who have dedicated their lives to their faith. It is submitted that the petitioners as well as priests in the Catholic Church are under perpetual vow of the celibacy. The 4th and 5th respondents had sought permission of the sensor board for a film named “Pithavinum Puthranum Parisudhathmavium” on the basis of Exhibit P2 script published in 2013. It is stated that censorship certificate was rejected by the Regional Censor Board, Thiruvananthapuram in the year 2012. An appeal was preferred before the Central Board of Film Certification, which was also rejected in 2013. However, by changing the name of the film as 'Aquarium', respondents 4 and 5 have now obtained permission from the Censor Board to exhibit the movie by certificate dated 4.3.2020 issued by the Central Board of Film Certification, New Delhi.

4.It is submitted that on coming to know of the issuance of the certification, the petitioners had submitted Exhibit P3 complaint to the Prime Minister, which has not been considered. The petitioners contend that the intention behind the film is to create enmity between Christians, Hindus and Muslims and to give a totally different picture of priests and nuns and to undermine the dignity of women in society. It is contended that the film indirectly affects the fundamental right of the Catholic Christian community and its believers. It is further stated that though an appellate tribunal was constituted under the Cinematographic Act, that tribunal was abolished by the Central Government in 2021 and the petitioners have no statutory remedy. It is contended that a reading of Exhibit P2 script would show that the film is intended to portray nuns as sexual perverts and is against the sentiments of Christians, apart from being opposed to public order, decency and morality. It is further submitted that the very same script had been declined permission once, and has been submitted for approval again with only a change in the name of the film and has been granted approval by Exhibit R4(a). The certificate is also subject challenge by the petitioners.

5.This Court while admitting the writ petition had issued an interim order on 11.5.2021 staying all further proceedings based on the certification granted as per certificate dated

4.3.2020. The interim order was extended from time to time.

6.A statement has been filed by respondents by respondents 1 to

3 in the writ petition. It is stated therein that the petitioner has not raised any contentions with regard to violation of their fundamental or legal rights and therefore the writ petition is not maintainable. It is further submitted that an offline application for certification of the Malayalam feature film titled Pithavinum Puthranum was received in the Regional Office, Central Board of Film Certification on 10.05.2013 with Mr.Sundaran K.P. as producer. The director of the film as per t