'Jana Nayagan' Movie Case : Live Updates From Madras High Court Hearing | CBFC Appeal against Vijay's Film
Parasaran takes the court through the timeline of how case was heard
Parasaran: There's an intimation by board that chairperson would pass order on 5/1. Then there's a communication regarding this intimation on 6/1. But the impugned order is still not there.
ASG: if the certificate is given, it is published in the gazette. After this, if there is any difference in the movie which is being shown or any other irregularity, then it can be revoked
CJ: So your argument is that the power under Rule 25 to send to revising committee exists
ASG: Yes. Even after tentative communication, it will be there. Decision making process is complete only when the certificate is granted.
CJ: Single judge has said that once a communication was made regarding certification, the power to send for review would stand abdicated.
ASG: my submission is that the observation is wrong. The certification, in the end, is as per the decision of the board
CJ: So if there was no case, the revising committee would have been formed on 6/1 and by 26/1 it would have been done?
ASG: If nothing came in between, it would have been done by 26th
Court asks if there is any provision necessitating the revising committee to decide within a time frame.
ASG: Yes your honour. Rule 37(7)(a). It has to be done within 20 days
ASG takes the court through the procedure of sending the movie to revising committee. Says the movie can also be sent to a second revising committee if needed
ASG takes the court through provisions of cinematograph act
ASG: A person has to apply to board, the board will examine and sanction. Only after sanction, there would be an accrued right and only then there's an obligation for which mandamus can be issued.
CJ (to ASG) Your arguments are complete?
ASG: On the initial issues my lord. Not on merits
CJ: We first want to decide the preliminary issue. But if you want you can argue on merit also