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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 03^RD DAY OF SEPTEMBER 2018

BEFORE

THE HON'BLE Dr. JUSTICE VINEET KOTHARI

WRIT PETITION NO.16998 OF 2016 (C.)

Between:

M/s Megha Movies

No.3/A, 9^th B Main

Prashanti Nagar

ISRO Layout, Bengaluru-560 078

Represented by its Proprietor

Sri M.S.Ravindra, aged 45 years

S/o Sri B.Shivalingaiah

…Petitioner

(By Sri G.R.Mohan, Advocate)

And:

1. Union of India

Ministry of Information and

Broadcasting, North Block

New Delhi-110 001

Rep. by its Secretary

2. The Regional Officer

Central Board of Film Certification

4^th Floor, ‘D’ Wing

Kendriya Sadana, Koramangala

Bengaluru – 560 034

Date of Order 03-09-2018 W.P.No.16998/2016

M/s Megha Movies vs. Union of India,

Ministry of Information and

Broadcasting and others

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3. The State of Karnataka by its

Chief Secretary, Vidhana Soudha

Bengaluru – 560 001

4. The Secretary

Karnataka State Bar Council

Bengaluru – 560 001

…Respondents

(By Smt. K.S.Anasuyadevi, Advocate for R-1 & 2;

Smt. Vaheeda, HCGP for R-3)

This Writ Petition is filed under Articles 226 & 227 of

the Constitution of India, praying to direct the respondents

evolve/inculcate standard methods and not dual standard

for one class of producers vis-à-vis others by curbing the

creativity at the time of watching the film for certification

and to apply the similar guidelines to be incorporated in

the

Cinematograph

Act,

1952,

for

television

serials/advertisements and promotions of sales products,

etc.

This Writ Petition coming on for Preliminary Hearing

‘B’ Group this day, the Court made the following:-

ORDER

Mr. G.R. Mohan, Adv. for petitioner

Smt. K.S.Anasuyadevi, Adv. for Respondent Nos.1 & 2

Smt. Vaheeda, HCGP for Respondent No.3.

Date of Order 03-09-2018 W.P.No.16998/2016

M/s Megha Movies vs. Union of India,

Ministry of Information and

Broadcasting and others

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1.

This petition was filed by M/s Megha Movies

against Union of India, Ministry of Information and

Broadcasting, New Delhi and the Regional Officer, Central

Board of Film Certification, Bengaluru with the following

prayers.

(a) Issue a Writ of Mandamus or Directions to

the

respondents

evolve/inculcate

standard

methods and not dual standard for one class of

producers vis-à-vis others by curbing the

creativity at the time of watching the film for

certification and to apply the similar guidelines

to be incorporated in the Cinematograph Act,

1952, for television serials/advertisements and

promotions of sales products, etc.

(b) Pass such other order as this Hon’ble Court

may deem fit in the facts and circumstances of

the case in the interest of justice and equity.”

2.

A detailed order was passed by the learned

Single Judge of this Court on 05.06.2017. The substance

Date of Order 03-09-2018 W.P.No.16998/2016

M/s Megha Movies vs. Union of India,

Ministry of Information and

Broadcasting and others

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of which in the operative potion is also quoted below for

ready reference:

32. Pursuant to the orders passed in this

petition, it is heartening to note that the

Government of Karnataka has been publishing

one or the other fundamental duty in the

important advertisements published in the

newspapers.

Even

some

of

the

instrumentalities of the State i.e., Boards and

Corporations have been publishing one or the

other fundamental duty in the important

advertisements got published by them. Sri

A.G.Shivanna produced some text books,

wherein, the fundamental duties have been

published. The work of teachers is to make

children

learn

discipline,

gain

knowledge,

wisdom and prepare them to face challenges of

their lives. Today’s children being the future of

the country, they have to be taught at all

levels the importance of fundamental duties so