Plea Against Colors TV Show 'Namak Isqh Ka': Allahabad High Court Directs Petitioner To Approach Competent Authority First

A Lucknow based dance society, namely 'Cultural Quest' had approached the High Court stating that the show's promo wrongly puts a question mark upon marrying ladies who have danced on any occasion.

They had contended that a TV serials are also 'film' as defined under Section 2(dd) of the Cinematograph Act, 1952 and as such, the same should also be subject to censor by Censor Board established under Section 3 of the Act.

On this count, it was submitted that the impugned show is being aired in violation of the provisions of Cinematograph Act.

A Division Bench of Chief Justice Govind Mathur and Justice Ramesh Sinha however dismissed the petition, without expressing any opinion on the merits, with a direction to the Petitioner to put forth their demand before the concerned competent Authority first.

In its order, the Bench stated,

"Having considered the facts stated in the petition for writ, we are of considered opinion that the petitioner is seeking a writ in the nature of mandamus and for that, a condition precedent is that the person aggrieved must make a demand to the Authority competent before approaching the Court to have such writ. In the instant matter, no such demand has been made by the petitioner before approaching this Court under Article 226 of the Constitution of India. In view of it, the writ petition is dismissed."

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A similar direction was recently passed another Division Bench, also led by Chief Justice Mathur, in pleas filed for censorship of web series Paatal Lok and XXX-Season 2.

Allahabad HC Dismisses Pleas Against Streaming Of Web Series Paatal Lok And XXX-Season 2

"It is a settled principle of law that the person demanding writ in the nature of mandamus is first required to make a demand from the Authority competent. A deviation from such settled principle can be made only in extraordinary circumstances and no such circumstance has been pointed out by the petitioner in this petition for writ," the Court observed while dismissing those pleas.

Case Title: Cultural Quest v. Union of India & Ors.

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