Centre cannot prevent film release after certification: SC

By Our Legal Correspondent

NEW DELHI, DEC. 3. In a significant ruling, the Supreme Court has held that once an expert body has cleared the impact of the film on the public and certified the same, the Centre could not prevent its release on the ground of law and order.

A Bench comprising Mr. Justice V.N. Khare and Mr. Justice S.N. Variava dismissed an appeal from the Union Government against the judgment of a High Court striking down Sec. 6 (1) of the Cinematograph Act, which conferred the power of review on the government even after the film was cleared.

The Union Government contended that it was necessary to retain the power of review as it had been found that on certain occasions, after the film had been cleared by the board or the tribunal, there was public resentment to the film and law and order situation arose.

The Bench observed that ``it is no excuse to say that there may be a law and order situation. It is for the concerned State Government to see that the law and order is maintained.''

The court pointed out that ``in any democratic society there are bound to be divergent views.

Merely because a small section of the society has a different view from that as taken by the Tribunal, and choose to express their views by unlawful means would be no ground for the executive to review or revise a decision of the tribunal''.

In such a case, the clear duty of the government ``is to ensure that law and order is maintained by taking appropriate actions against persons who choose to breach the law,'' the Bench said.

The Bench was of the view that ``the appellate tribunal consisting of experts decides matters quasi-judicially.

A Secretary and/or Minister cannot sit in appeal or revision over those decisions.''

The court made it clear that at the most the government might apply to the tribunal for a review, if circumstances so warrant.

But the government would be bound by the ultimate decision of the tribunal.

The Bench said to permit the executive to review and/or revise that decision would amount to interference with the exercise of judicial functions by a quasi- judicial board.

It would also amount to subjecting the decision of a quasi- judicial body to the scrutiny of the executive, the Bench said.

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Section  : National
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