The Madras High Court has stepped into a major legal tussle surrounding the certification of superstar Vijay's upcoming film, 'Jana Nayagan'. On Friday, a Bench led by the Chief Justice decided to put a temporary hold on a previous court order that had directed the Central Board of Film Certification (CBFC) to grant the film a 'UA' certificate. The court raised questions about the urgency of the case and whether the CBFC was given a proper chance to present its side.
Court Questions Urgency, Grants Interim Stay
The hearing saw the CBFC, represented by Additional Solicitor General and Solicitor General Tushar Mehta, appeal against the order of a single judge. The Bench pointedly asked about the rush in filing the appeal. It also scrutinized the core argument from the CBFC that it was not afforded a fair opportunity to defend its position before the single judge passed the order. The CBFC's legal team argued that the Board was not given adequate time to file its counter affidavit. They also contended that the single judge had quashed a January 6 letter from the CBFC chairperson, even though that specific letter was not challenged in the original petition.
The court noted that the Union of India was not given sufficient time to respond and expressed reservations about the producers fixing a release date without having a certificate in hand, which it said created undue pressure. Consequently, the Bench ordered an interim stay on the single judge's direction to issue a 'UA' certificate. The appeal has been scheduled for its next hearing on January 21, after the Pongal holidays.
The Heart of the Certification Controversy
The controversy began when Justice PT Asha, the single judge, passed an order raising serious concerns about the CBFC's functioning. The judge had observed that allowing members of the Examining Committee to retract their own recommendations for certification could set a "dangerous trend" and compromise the sanctity of the entire process.
The film was initially reviewed by an Examining Committee, which recommended a 'UA' certificate subject to certain cuts. However, the case took a turn when one committee member later filed a complaint, calling the film objectionable for allegedly hurting religious sentiments and depicting the armed forces in an inappropriate light. This complaint led the CBFC to refer the film to a Revising Committee. The producers challenged this move in court.
Arguments from Both Sides
Representing the film's producers, senior advocates Mukul Rohatgi and Satish Parasaran argued that the Examining Committee had already cleared the film with modifications. They questioned the propriety of a committee member filing a complaint after being part of the initial decision. The CBFC, however, maintained that it had informed the producers about the decision to send the film to the Revising Committee even before the writ petition was filed in court.
Solicitor General Tushar Mehta emphasized that the court 'moulding the relief' for the producers should not extend to setting aside an order that was never under challenge, warning that such an approach could render statutory provisions meaningless.
'Jana Nayagan', directed by H. Vinoth and starring Thalapathy Vijay in what is announced as his final film, features a prominent cast including Bobby Deol, Pooja Hegde, and Prakash Raj, with music by Anirudh Ravichander. Its release now hinges on the outcome of the legal proceedings scheduled for later this month.
