Case Note & Summary
The petitioners, Krishna Mishra (writer and director) and another (producer), challenged the certification orders of the Central Board of Film Certification (CBFC) and the Film Certification Appellate Tribunal (FCAT) regarding the trailer, songs, and promos of their film 'Beehad - the Ravine'. The CBFC had granted an 'A' (adults only) certification for the trailer with three cuts, and for songs and promos with varying certifications. On appeal, the FCAT maintained the 'A' certification for the trailer but reduced the cuts to one, and altered the certification of promos from 'A' to 'U/A' (unrestricted with parental guidance). The petitioners' grievance was that neither the CBFC nor the FCAT provided any reasons for their decisions, despite the petitioners having cited other films with more explicit content that had been certified without such restrictions. The court examined Rule 22(8) and (9) of the Cinematograph (Certification) Rules, 1983, which require the Examining Committee to record reasons for their opinions and specify modifications with reasons. The court held that the requirement of recording reasons is an important safeguard, particularly when the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution is involved. Any regulation of that right must be strictly in conformity with governing principles and reasonable. Since no reasons were recorded by either the CBFC or the FCAT, the orders were unsustainable. The court quashed the impugned orders and remanded the matter to the FCAT for fresh consideration, directing that reasons be recorded in accordance with the Rules. The petition was allowed.
Headnote
A) Cinematograph Law - Film Certification - Requirement of Reasons - Rule 22(8) and (9) of Cinematograph (Certification) Rules, 1983 - The Examining Committee and the Appellate Tribunal are required to record reasons for their decisions regarding certification of films. In the present case, neither the CBFC nor the FCAT recorded any reasons for granting 'A' certification or directing cuts in the trailer, songs, and promos of the film 'Beehad - the Ravine'. The court held that the requirement of recording reasons is an important safeguard, especially when the fundamental right to freedom of speech and expression under Article 19(1)(a) is involved. The orders were quashed and the matter remanded for fresh consideration with reasons. (Paras 6-9)
Issue of Consideration
Whether the orders of the Central Board of Film Certification and the Film Certification Appellate Tribunal granting 'A' certification and directing cuts in the trailer, songs, and promos of the film 'Beehad - the Ravine' are sustainable in the absence of recorded reasons.
Final Decision
The court quashed the impugned orders of the CBFC and FCAT and remanded the matter to the FCAT for fresh consideration, directing that reasons be recorded in accordance with the Cinematograph (Certification) Rules, 1983. The petition was allowed.
Law Points
- Recording of reasons is mandatory under Rule 22(8) and (9) of Cinematograph (Certification) Rules
- 1983
- Regulation of freedom of speech must be reasonable and in conformity with law
- Non-recording of reasons renders certification order unsustainable
