Madras HC sends Jana Nayagan-CBFC case back to single judge
The Madras High Court has made a significant decision in the ongoing case between the makers of Thalapathy Vijay’s upcoming film, Jana Nayagan, and the Central Board of Film Certification (CBFC). In a recent development, the division bench of the court has set aside a single judge’s order that directed the CBFC to grant a U/A 16+ certificate to the film. Instead, the matter has been sent back to the single judge for fresh consideration, with the court allowing the makers to amend their plea and challenge the CBFC chairperson’s order.
This decision comes as a surprise to many, as the single judge’s order had seemingly paved the way for the film’s release with a U/A 16+ certificate. However, the division bench’s intervention has put the brakes on the certification process, at least for the time being. The court’s decision is likely to have significant implications for the film’s release, which has been eagerly anticipated by fans of Thalapathy Vijay.
The case began when the makers of Jana Nayagan approached the Madras High Court, challenging the CBFC’s decision to grant the film an ‘A’ certificate. The CBFC had cited certain scenes and dialogue in the film as the reason for the ‘A’ certificate, which would have restricted the film’s audience to adults only. The makers, however, argued that the film did not warrant an ‘A’ certificate and that a U/A 16+ certificate would be more appropriate.
The single judge who heard the case initially agreed with the makers and directed the CBFC to grant a U/A 16+ certificate to the film. However, the CBFC appealed against this order, arguing that the single judge had exceeded his jurisdiction in interfering with the certification process. The division bench, which heard the appeal, has now set aside the single judge’s order and sent the matter back for fresh consideration.
The division bench’s decision is based on the principle that the CBFC’s decision on film certification is a quasi-judicial function, which cannot be interfered with by a court unless there are strong grounds to do so. The court has also taken into account the fact that the makers of the film had not challenged the CBFC chairperson’s order, which is a prerequisite for seeking judicial review.
By sending the matter back to the single judge, the division bench has given the makers of Jana Nayagan an opportunity to amend their plea and challenge the CBFC chairperson’s order. This means that the makers will have to file a fresh petition, challenging the CBFC’s decision to grant an ‘A’ certificate to the film. The single judge will then hear the case afresh, taking into account the CBFC’s decision and the makers’ arguments.
The court’s decision has significant implications for the film industry, as it highlights the importance of following the proper procedure for challenging the CBFC’s decisions. The case also underscores the need for the CBFC to be transparent and fair in its decision-making process, ensuring that films are certified based on their content and not on any extraneous factors.
As the case goes back to the single judge for fresh consideration, the fate of Jana Nayagan remains uncertain. The film’s release, which was initially expected to take place soon, may now be delayed until the certification issue is resolved. Fans of Thalapathy Vijay will have to wait a little longer to see their favorite star on the big screen.
In conclusion, the Madras High Court’s decision to send the Jana Nayagan-CBFC case back to the single judge is a significant development in the ongoing saga. The court’s decision highlights the importance of following the proper procedure for challenging the CBFC’s decisions and ensures that the certification process is fair and transparent. As the case continues to unfold, it will be interesting to see how the single judge decides the matter and what implications this will have for the film’s release.
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