'Jana Nayagan' Movie Case : Live Updates From Madras High Court Hearing | CBFC Appeal against Vijay's Film

Hearing resumes

Arguments to continue post lunch

A senior advocate asks if remaining cases in the list would be considered today

CJ (in lighter note): The SC has asked to endeavour to complete today itself. Anyway we will hear everything and take a decision

ASG: So our arguments are two : one, we were not given time to file counter. Second, the communication dated 6/1 was not challenged.

ASG concludes his arguments.

Court says it will hear the producers argument post lunch

CJ: SC hasn't mentioned anything about exceptional circumstances. In exceptional circumstances it can be done?

ASG: Nothing has been mentioned 

ASG cites SC case which says that court cannot grant reliefs that have not been prayed for

CJ: Have any exceptions been carved?

ASG: No exceptions have been carved.

CJ: But powers of writ court are very wide

CJ: What is not sought can also be granted by the court. That's what the single judge is saying.

ASG: That's why we are before this court. 

CJ: It's only a technical rule. It was brought to the court's attention and court has considered it.

ASG: The opportunity is more important when the court thinks a wrong has been done by the respondent 

ASG takes the court through single judge's observation that Chairperson's decision was without jurisdiction

ASG: This testing itself could not have been done by the judge. 6/1 communication was not questioned. 

ASG: Whether this decision was right or not could not have been gone into if a prayer of certiorari was made. I could respond only if a prayer is made. But here relief was granted in the absence of prayer