'Producers Tried To Put Pressure': Madras High Court Stays Order Directing CBFC To Grant U/A Certificate To Vijay's 'Jana Nayagan' Film

The Madras High Court on Friday (January 9) temporarily stayed the single judge's order delivered earlier today directing CBFC to forthwith grant U/A Certificate for Tamil film 'Jana Nayagan' starring Vijay. A division bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan in its order dictated:"Respondent Union of India was not given sufficient time..one main grievance of UoI was that they were not given time to reply. Another grievance is that letter dated January 6 was not challenged, but court (single judge) quashed it. Respondents argue that there was no urgency... All said and done there was no certificate granted to respondents". Thereafter the bench stayed the single judge's order. During the hearing, the Chief Justice orally questioned CBFC over the urgency to file the appeal today itself. For context, an urgent motion for appeal was made by the ASG minutes after the single judge decision.The appeal was filed soon thereafter and was taken up for hearing based on a mentioning made by the ASG.Responding to the query, the ASG submitted that the proceedings before single judge were hasty and the board did not get an opportunity to defend the issue by filing counter. He said,"Petition filed on 5th (January). 6th it came up before the court. We were asked to produce the letter (intimating review of certification). We produced it on 7th. We produced the complaint from Bombay and produced it on 7th in an envelope. Matter was heard on 7th afternoon and orders passed today."ASG said the court found the letter by Chairperson on 6th jan to be without jurisdiction. He argued that the letter was not challenged before the high court and no certiorari was sought. ASG submitted producers had applied for certification only on December 18. He said that after considering the issues, the movie was sent to Review Committee this was communicated to producer before the writ petition was filed. Referring to the single judge's order the Solicitor General Tushar Mehta said, "Moulding the relief would not include setting aside an order that's not challenged. Moulding would only be granting something in connection with what has been sought". He further by moulding the relief, the provisions of the Act would be made redundant. Meanwhile appearing for producers KVN Productions Senior Advocate Mukul Rohatgi said that the complaint (against the film) was actually filed by a member of the CBFC committee. At this stage the Chief Justice asked, "What was the urgency that the respondent (Board) was asked to respond to the plea and the matter was decided within 2 days?"Rohatgi says that the movie was to be released on January 9. However the court orally remarked that the producers could have waited for the certificate. "You're creating an urgency and putting pressure on court. False state of urgency is being created saying that 'we have to release the movie on such date'...6th January order is not under challenge and it has been challenged. How can you go ahead with the release of the movie without even a certificate on hand? You can't fix a date (for release) and put pressure on the system" the court said to Rohatgi.Meanwhile Senior Advocate Satish Parasaran also appearing for KVNProductions read out the earlier order of the examining committee saying that U/A certificate would be granted subject to modifications.At this stage the court said: "You could've waited for 15 days. Could've waited for some time".The court added that there was not much urgencyThe Chief Justice thereafter said, "We'll pass some order but till that time we can't let this order be given effect to".The court further said that the authority (CBFC) should've been given proper opportunity to object to the producer's writ petition. At this stage Rohatgi said that it was "shocking" that the member of the CBFC committee was themselves filing the complaint. However the Solicitor General said that only members of the committee had seen the movie.For context single judge Justice PT Asha had earlier today pronounced the order allowing the producers' plea directing the Central Board of Film Certification to forthwith grant U/A certificate to upcoming Tamil movie "Jana Nayagan" starring Vijay.Minutes thereafter, Additional Solicitor General ARL Sundaresan for CBFC made an urgent mention before the Chief Justice's bench for listing of appeal. The bench had asked the ASG to mention the matter when the appeal is filed. In the post lunch sessions, ASG Sundaresan appearing before a division bench of led by the Chief Justice, mentioned the appeal and said, "Order passed in the morning. We have filed the appeal. The court (single judge) has said that the letter of Chairperson was without jurisdiction. That was not even challenged in the plea".Meanwhile Solicitor General Tushar Mehta also appearing for CBFC said, "There's urgency my lords. The prayer was for A,B, C. But relief granted is D".ASG said that the CBFC was not given time to file counter and that the ...

'Producers Tried To Put Pressure': Madras High Court Stays Order Directing CBFC To Grant U/A Certificate To Vijay's 'Jana Nayagan' Film

Upasana Sajeev

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