Tamil Nadu Brahmin Association (Reg.No. 127/ 2010), v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.07.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 21987 of 2019 and W.M.P.No.21227 of 2019 Tamil Nadu Brahmin Association (Reg. No.127 of 2010), Rep by S.Raamakrishnan, State President, Flat.No.4, No.18/8,Devanathan Street, Mandaveli, Chennai-600 028.
...Petitioner
vs 1.Union of India, Ministry of Information and Broadcasting, Rep. by its Secretary, A wing, Shastri Bhawan, New Delhi-110 001.
2.Central Board of Film Certification, rep by its Chairman, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai-600 034.
3.Circle Box Entertainment, No.247, Velam Nagar, third Street, first Floor, Valasarawakkam, Chennai-600 087.
4.Mr.Rajanarayanan .. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent to cancel the certificate granted for Public Exhibition for the film namely A1 under Section 5A of the Cinematograph Act 1952 with the direction to the third and fourth respondents not to exhibit the film namely "A1" in any manner and in any form in theater, auditorium and place of public exhibition.
For Petitioner : Ms.Vidya For Respondents : Mr.G.Babu, CGSC for R1 and R2
O R D E R
The prayer sought for herein in this Writ Petition is for issuance of a Writ of Mandamus, to direct the second respondent to cancel the certificate granted for Public Exhibition for the film namely "A1" under Section 5A of the Cinematograph Act 1952 with the direction to the third and fourth respondents not to exhibit the film namely A1 in any manner and in any form in theater, auditorium and place of public exhibition.
2. Based on the news paper advertisement, this present petition is filed.
3.The learned counsel for the petitioner submitted that on 22.07.2017, he had seen the official teaser of the movie namely A1 uploaded in the youtube channel for public view. The A1 movie is supposed to contain lot of double mean dialogues, which may insult a particular community thereby creating chaos dishurting the peace of the society and also it is against the morality, public order and integrity of the secular nation. He further submitted that if the movie is viewed in theater, auditorium or in the place of public exhibition it create a bad impression about a particular group of people to children and forthcoming generation, such type of entertainment should not be entertained. Hence he prays for ban of the movie namely "A1".
4. The Learned counsel appearing on behalf of the respondent would submit that the film A1 has been certified by the Censor Board and so no issue in releasing the film and that viewing the trailer alone, we cannot judge the whole content of the film and the petition has been filed before to the release date of "A1" hence i pray to dismiss this petition.
5. Considering the facts and circumstances of the case and taking note of the submission of learned counsel appearing on behalf of the respondents 1 and 2 that the film A1 has been certified by the Censor Board and so no issue in releasing the film. By viewing the trailer alone, we cannot judge the whole content of the film and also before to the release date of the movie this petition is filed.
6.In view of the above, this Court is not inclined to interfere to grant the relief as sought for and the writ petition is dismissed. However, liberty is granted to the
petitioner to workout the remedy in the manner known to law. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tta To.
1. The Secretary, Union of India, Ministry of Information and Broadcasting, A wing, Shastri Bhawan, New Delhi-110 001.
2.The Chairman, Central Board of Film Certification, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai-600 034.
+1cc to Ms.Vidya, Advocate sr.63879 +1cc to Dr.g.Babu(CGSC) Advocate sr.63798 +1cc to Dr.g.Babu(CGSC) Advocate sr.63798(23/09/2019) W.P.No.21987 of 2019 bs(co) nr 19/09/2019