A division bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan reserved its decision after hearing arguments for over three hours. The bench had earlier stayed the operation of the single judge's order pending disposal of the appeal.

The matter pertains to the certification of Jana Nayagan, a film starring Vijay, whose release has been awaiting CBFC clearance.

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Why the hearing was delayed

The Jana Nayagan case was listed as Item 17 in the day's cause list. Several matters listed ahead of it, including contempt petitions, took considerable time. In particular, Item 16, argued by Senior Counsel E. Om Prakash in a case related to the Kallakurichi bus stand construction, caused a prolonged delay.

As a result, the film's case was taken up only later in the forenoon, after which detailed arguments began.

CBFC challenges single judge's order

Appearing for the Central Board of Film Certification (CBFC), Additional Solicitor General A.R.L. Sundaresan argued that the single judge's January 9 order directing the CBFC to issue a U/A 16+ certificate was passed without giving the board adequate time to respond.

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He submitted that under writ procedure, respondents are ordinarily entitled to up to eight weeks to file a counter-affidavit unless the court specifically orders otherwise. According to the CBFC, even a short opportunity of one or two days was not granted before the order was passed.

Producers knew revising committee decision, says CBFC

The ASG told the court that the producers of Jana Nayagan were already aware, as early as January 5, that the CBFC chairperson had decided to send the film to a revising committee following a complaint. This communication, he said, was also uploaded on the e-Cinepramaan portal.

Despite knowing this, the producers did not challenge the chairperson's decision in their writ petition. Instead, they only sought a direction for the CBFC to issue a U/A 16+ certificate, which the ASG argued was procedurally improper.

Argument on relief granted without prayer

A major plank of the CBFC's argument was that the single judge granted relief that was not specifically prayed for. Citing Supreme Court precedents, the ASG stated that courts cannot grant unasked reliefs and that no exception to this principle has been recognised so far.

The Chief Justice, however, observed that writ courts have wide powers and can, in appropriate cases, grant relief even if it is not expressly sought. The ASG responded that this very issue was the reason the CBFC had filed the appeal before the Division Bench.

Court focuses on procedural fairness first

The Bench indicated that the primary issue it would examine was whether the CBFC was given sufficient opportunity to present its case and whether the matter could reasonably have been decided within a single day.

The Chief Justice stated that only if the court concludes that adequate opportunity was provided would it move on to examine the merits of the dispute regarding certification.

Background of the certification dispute

Jana Nayagan was submitted to the CBFC in December. The examining committee viewed the film and suggested cuts, following which the makers were initially informed that a U/A 16+ certificate would be issued. After the changes were made, the certificate was not granted, and the film was instead sent to a revising committee following a complaint.

This development occurred just days before the planned January 9 release, prompting the producers to approach the Madras High Court.

Why the verdict matters

The film is widely promoted as Vijay's final film before his full-time political entry. It was planned as a Pongal 2026 release and had recorded strong advance booking numbers before the legal hurdle emerged.

With arguments set to continue after lunch, the industry and fans are awaiting a decision later in the day that will determine whether Jana Nayagan can move closer to theatrical release or face further delay.