NEW DELHI, Oct 21: Delhi High Court today said there appeared to be no provision in the Cinematograph Act to allow a third party to appeal against the certification granted to a film for public viewing, which led to petitions being filed against release of movies.
“Even we also find that the Act is silent on this aspect. Because of this, everyone is filing a writ petition under Article 226 of the Constitution,” Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said.
The court issued notice to the Central Board of Film Certification (CBFC) and sought their reply on whether there was a provision in the Act for a third party to appeal against the certification granted to a movie.
CBFC, during the brief arguments, said under rules, there was a provision as per which a third party can approach the Board and file a complaint against certification granted to a film. The complaint is then forwarded to the government, the CBFC’s lawyer said.
The court, thereafter, directed CBFC to file an affidavit regarding the position on third party appeals and listed the matter for hearing on January 9, 2017.
The order came on a PIL opposing the release of Bollywood movie ’31st October’ which is based on the aftermath of the assassination of Indira Gandhi, including the 1984 anti-Sikh riots. Indira Gandhi was assassinated on October 31, 1984.
The plea has also sought a direction to the authorities to enlarge the scope of the appellate tribunal to entertain complaints by third parties with respect to a film which has been certified for public viewing.
At the outset of the hearing, the bench said it had already made it clear it won’t interfere with the Censor Board’s certificate granted to the film for public viewing.
However, the lawyer for petitioner Ujjawal Anand Sharma said he was confining their plea to the second prayer.
Sharma has said, in his plea, that this would reduce burden of cases before the high court and would also “result in a speedy and relatively cheap and effective remedy for a person aggravated by a film certified for public exhibition”.
Yesterday, the court had cleared the decks for release of the film saying there was nothing objectionable in it.
It had dismissed a plea, by Ajay Katara, opposing the film’s release, which was today, saying the petition was “devoid of merit” and the allegations in it were “vague and unsubstantiated”. (PTI)
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