CHENNAI: The Madras High Court on Tuesday allowed the appeal filed by the Central Board of Film Certification (CBFC), set aside the single judge’s order directing the grant of U/A (16+) certification to actor-politician Vijay’s film Jana Nayagan, and remanded the matter back to the single judge for fresh hearing.
A Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan held that the single judge ought to have granted time to the CBFC to file its counter-affidavit before deciding the writ petition.
The Bench also granted liberty to the film’s producer, KVN Productions, to amend the prayer in the writ petition and specifically challenge the CBFC chairperson’s decision referring the film to the Revising Committee.
The appeal was heard at length on January 20, following which the court reserved its orders.
Earlier, on January 9, Justice P. T. Asha had allowed the producers’ writ petition and directed the CBFC to grant U/A certification forthwith, holding that the chairperson had acted without jurisdiction after the Examining Committee’s decision was communicated to the producers.
The single judge’s order was stayed on the same day by the Chief Justice-led Bench after the CBFC moved an urgent appeal. The producers’ attempt to get the interim stay vacated by the Supreme Court did not succeed, with the apex court relegating the matter back to the High Court.
During the arguments, Additional Solicitor General A. R. L. Sundaresan, appearing for the CBFC, submitted that the producers could not claim certification merely because the 14 cuts suggested by the Examining Committee were carried out, as the committee was only advisory in nature and the final decision rested with the Board under the Cinematograph Act.
Senior counsel Satish Parasaran, appearing for the producers, contended that the Revising Committee was invoked without furnishing a copy of the complaint to them and questioned the lack of transparency in the Board’s proceedings.
