In a significant ruling that brings relief to the film's makers and fans, the Madras High Court has ordered the Central Board of Film Certification (CBFC) to immediately grant a U/A 16+ certificate to the upcoming Tamil film Jana Nayagan, starring actor-politician Vijay. The court set aside the board's controversial last-minute decision to send the film to a revising committee, calling the move "without jurisdiction" and warning it could set a "dangerous trend."
The Court's Stern Rebuke and Order
Justice P T Asha, pronouncing the order on Friday, strongly criticised the CBFC chairperson's action of reopening the certification process based on a complaint. The judge held that once the film's producers, KVN Productions LLP, had complied with all modifications suggested by the CBFC's examining committee, the grant of the certificate should have been automatic.
The court noted that the examining committee had, on December 22, communicated its intent to recommend a U/A 16+ certificate subject to specific excisions. The producer submitted that all changes were made and the film was resubmitted. Subsequently, the CBFC's regional office informed on December 29 that the movie would be granted the certificate.
However, in a sudden turn, the production house received an email on January 5 stating that the "competent authority" had decided to refer the film to a revising committee under Rule 24 of the Cinematograph Certification Rules, 2024. This was based on a complaint alleging that certain scenes hurt religious sentiments and raised concerns over the portrayal of the defence forces.
The Internal Complaint That Sparked the Crisis
During the hearing, a crucial detail emerged: the complaint was not filed by a member of the public. Instead, it was made by one of the five members of the CBFC's own examining committee. This member claimed that his objections had not been recorded before the committee recommended certification.
The court firmly rejected the CBFC's justification for the review. Justice Asha ruled that the power of the chairperson to send the film for review stood "abdicated" after the board, on behalf of the committee, had already informed the producer that a U/A certificate would be issued. The court invoked its inherent powers to modify the relief sought, setting aside the chairperson's referral letter and directing the board to issue the U/A certificate forthwith.
The legal battle was argued by Senior Advocate Satish Parasaran for KVN Productions. The CBFC, represented by Additional Solicitor General ARL Sundaresan, contended that under the rules, the chairperson was not bound by the examining committee's opinion and could order a review. The production house countered that a committee member could not convert himself into a complainant and that a single member's dissent could not invalidate a majority decision.
Release in Limbo as CBFC Files Appeal
Despite the clear court order, the release of Jana Nayagan, slated for January 9, remains uncertain. Shortly after Justice Asha's ruling was pronounced, the Additional Solicitor General made an urgent mention before the Chief Justice of the Madras High Court, seeking an early hearing of a writ appeal against the order.
The Chief Justice indicated that the request would be considered, with the appeal likely to be taken up later on Friday or on Monday. This move by the CBFC ensures that the legal tussle continues, leaving the film's fate hanging in the balance just days before its planned theatrical release.
The court's strong observations highlight the tensions in the film certification process. By warning against entertaining objections at an advanced stage, the Madras HC has underscored the need for procedural finality and has questioned actions that could potentially disrupt release schedules based on internal disagreements.
