Case Note & Summary
The petitioner, Priya Singh Paul, claiming to be the biological daughter of late Sanjay Gandhi, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. The petition sought a writ of certiorari to quash and set aside the certificate granted by the Central Board of Film Certification (CBFC) to the film 'Indu Sarkar', directed by respondent No.1 Madhur Bhandarkar and produced by respondent No.2 Bharat Shah. The petitioner also sought a permanent prohibitory injunction restraining the public exhibition, display, and viewership of the film until 30% of the facts stated by the director were deleted to the satisfaction of the CBFC. The respondents raised preliminary objections regarding the maintainability and entertainability of the writ petition, arguing that the petitioner lacked locus standi. The court heard the parties on these preliminary objections and dismissed the petition, holding that the petitioner failed to establish any personal or legal right that was infringed by the certification of the film. The court noted that the petitioner's claim of being a biological daughter of Sanjay Gandhi, without more, did not confer any right to challenge the film's certification. The petition was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Locus Standi - Article 226 of Constitution of India, 1950 - Maintainability of Writ Petition - Petitioner claiming to be biological daughter of late Sanjay Gandhi sought to quash CBFC certificate for film 'Indu Sarkar' - Court held that petitioner failed to establish any personal or legal right infringed by the certification - Mere claim of relationship without any specific legal injury does not confer standing - Petition dismissed on preliminary objection of maintainability (Paras 2-5).
Issue of Consideration
Whether the petitioner has locus standi to maintain a writ petition under Article 226 of the Constitution of India challenging the certificate granted by the Central Board of Film Certification to the film 'Indu Sarkar'.
Final Decision
The writ petition is dismissed on the ground of maintainability. No order as to costs.
Law Points
- Locus standi
- Maintainability of writ petition
- Article 226 of Constitution of India
- Cinematograph Act 1952
- Central Board of Film Certification
- Writ of Certiorari
- Preliminary objection
