Madras High Court Overturns Order for Vijay's Jana Nayagan, Orders Fresh Hearing
In a significant legal development, the Madras High Court has delivered a setback to the producers of the Tamil film Jana Nayagan, starring actor-turned-politician Vijay. On Tuesday, the court set aside an order previously issued by a single judge that had directed the Central Board of Film Certification (CBFC) to grant a UA certificate to the movie.
Serious Allegations and Procedural Lapses Cited
The first bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan, remanded the case back to the single judge for a fresh hearing. This decision was made after citing serious allegations against the film's content, including scenes that allegedly depict foreign powers creating disturbances in the country and portray the armed forces in a negative light.
The bench passed this order while allowing an appeal filed by the CBFC, which challenged the single judge's directive. Representing the CBFC, Additional Advocate General A R L Sundaresan argued that the board was not given an adequate opportunity to file its counter to the plea submitted by the film's makers before the single judge.
CBFC's Arguments and Producer's Defense
Sundaresan further highlighted that the single judge had quashed the CBFC's communication dated January 5, which called for a review of the film by a revising committee. He noted that this decision was not challenged by the petitioner, KVN Productions LLP. "We told the single judge that the decision of the board dated Jan 5 was not challenged. We should have been permitted to file a counter. However, the single judge decided to hear the matter on merits," the Additional Solicitor General stated.
He added that the revising committee is obligated to make a decision within 20 days, and if no impediments arise, a resolution could be reached by January 26.
On the other side, senior advocate Satish Parasaran, representing the producer, contended that the regional office of the CBFC had unanimously recommended granting a UA certificate to Jana Nayagan, and this recommendation was communicated to the producer. However, he alleged that one member later raised a complaint against the movie, which he argued is against statutory provisions.
"The producers deleted the scenes that the board objected to, but they (board) wanted us to re-introduce the scenes and submit the movie and then delete the same scenes. It is an empty exercise," Parasaran asserted. He also pointed out that the decision to review the film was based on a complaint from a member of the examining committee, a move he claimed is not permissible under the law.
Implications for the Film Industry
This ruling underscores the complexities and procedural nuances involved in film certification processes in India. It highlights the importance of adhering to legal protocols and ensuring all parties have a fair opportunity to present their cases. The outcome of the fresh hearing could set a precedent for how similar disputes are handled in the future, particularly concerning content that touches on sensitive national issues.
As the case returns to the single judge, stakeholders in the Tamil film industry and beyond will be closely watching the proceedings, which could impact the release and reception of Jana Nayagan and other films with contentious themes.
