Madras HC sends Jana Nayagan-CBFC case back to single judge
In a significant development, the Madras High Court has set aside a single judge’s order directing the Central Board of Film Certification (CBFC) to grant a U/A 16+ certificate to Thalapathy Vijay’s upcoming film, Jana Nayagan. The division bench of the court has sent the matter back to the single judge for fresh consideration, allowing the makers to amend their plea and challenge the CBFC chairperson’s order.
The controversy surrounding Jana Nayagan began when the CBFC refused to grant the film a U/A 16+ certificate, citing certain objectionable content. The film’s makers, AGS Entertainment, approached the Madras High Court, seeking a directive to the CBFC to grant the desired certificate. In response, a single judge of the court directed the CBFC to grant the U/A 16+ certificate, which was subsequently challenged by the CBFC.
The division bench, comprising Justices R. Subbiah and S. Saravanan, heard the appeal filed by the CBFC and set aside the single judge’s order. The bench observed that the single judge had erred in directing the CBFC to grant the certificate without considering the merits of the case. The court noted that the CBFC had raised several objections to the film’s content, which needed to be addressed by the makers.
The division bench also pointed out that the single judge had not provided the CBFC with an opportunity to respond to the allegations made by the film’s makers. The court observed that the CBFC had a statutory duty to certify films in accordance with the Cinematograph Act, 1952, and the single judge’s order had interfered with this duty.
By sending the matter back to the single judge, the division bench has ensured that the case will be heard expeditiously, and the makers will have an opportunity to amend their plea and challenge the CBFC chairperson’s order. The court has also directed the single judge to consider the CBFC’s objections to the film’s content and pass a fresh order.
The development is significant, as it highlights the importance of the CBFC’s role in certifying films. The CBFC is responsible for ensuring that films conform to the norms of decency and morality, and its decisions are guided by the Cinematograph Act, 1952. The court’s order underscores the need for the CBFC to exercise its discretion in certifying films, while also ensuring that the rights of film makers are protected.
The case has also sparked a debate about the role of courts in interfering with the CBFC’s decisions. While the single judge’s order was seen as an attempt to facilitate the release of the film, the division bench’s order highlights the need for caution and restraint in interfering with the CBFC’s decisions.
For Thalapathy Vijay’s fans, the development is a setback, as it delays the release of the film. Jana Nayagan is one of the most anticipated films of the year, and the controversy surrounding its certification has generated significant buzz. The film’s makers will now have to wait for the single judge’s fresh order, which will determine the film’s fate.
In conclusion, the Madras High Court’s decision to send the Jana Nayagan-CBFC case back to the single judge is a significant development that highlights the importance of the CBFC’s role in certifying films. The court’s order ensures that the case will be heard expeditiously, and the makers will have an opportunity to amend their plea and challenge the CBFC chairperson’s order. As the case unfolds, it will be interesting to see how the single judge’s fresh order will impact the release of Jana Nayagan.
About the Author
