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MADRAS HIGH COURT STAY ON JANA NAYAGAN CERTIFICATION

MADRAS HIGH COURT STAY ON JANA NAYAGAN CERTIFICATION

The lawgist 4 months ago

Madras High Court Division Bench stays CBFC certification order for Vijay's Jana Nayagan pending government response.

Case in News

Madras High Court stay on Jana Nayagan certification order issued hours after single-judge clearance .

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Case Overview

Case Name:CBFC vs. KSVN Productions

In CBFC v. KSVN Productions, the Madras High Court examined the legality of directions issued to the Central Board of Film Certification regarding Vijay's film Jana Nayagan . The matter was heard by a Division Bench comprising Chief Justice Manindra Mohan Srivastava and Justice Arul Murugan, staying an earlier order passed by single-judge Justice PT Asha . The dispute arose days before the film's scheduled release on January 9, amid allegations of procedural impropriety in certification .

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Key Aspects

The controversy highlights the balance between statutory film certification procedures and last-minute judicial intervention . The Court assessed whether the CBFC could reopen a concluded certification process based on subsequent complaints .

  • Single judge directed CBFC to issue U/A 16 certificate immediately .
  • Producers complied with all excisions suggested by the Examining Committee .
  • Film referred to Revising Committee after alleged complaint on religious sentiments .
  • Complaint reportedly made by an Examining Committee member itself .
  • CBFC challenged the single-judge order through an urgent appeal .

Legal Insights

The case raises important questions on Film Censorship and procedural safeguards under certification law . The Court examined whether statutory rules permit reconsideration once certification reaches finality .

  • Cinematograph Act, 1952governs film certification authority of CBFC .
  • Rule 24, Cinematograph (Certification) Rules, 1983 permits referral to Revising Committee .
  • Principles of natural justice require transparency in complaints affecting certification .
  • Scope of Judicial review over CBFC's administrative discretion considered .

Court's Verdict

The Division Bench stayed the single-judge order granting certification, noting that the Union Government had not been afforded adequate opportunity to respond . The stay temporarily halts the release of Jana Nayagan, Vijay's politically significant film linked with Tamilaga Vettri Kazhagam, pending further adjudication .

Source – Madras High Court

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