CHENNAI: The Madras High Court on Tuesday set aside an order of a single judge, directing the Central Board of Film Certification (CBFC) to grant a U/A certificate to actor-turned-politician Vijay's film ‘Jaya Nayagan’ and also referred the matter back to the judge, saying certain references to the Army and religious sentiments require consideration.
Allowing an appeal filed by the CBFC, the first bench comprising Chief Justice MM Shrivastava and Justice G Arul Murugan overturned the January 9 order of Justice PT Asha, which had directed the CBFC to issue the censor certificate and quashed a communication dated January 5 issued by the Regional Officer of the board.
The impugned communication had informed the producer, KVN Productions, that based on a complaint, the chairperson of the CBFC had referred the movie to the revising committee.
The division bench held that the principles of natural justice were not followed before passing the order and sent the matter back to the single judge for fresh consideration. The single judge has been directed to decide the matter afresh after giving the CBFC an opportunity to respond.
The bench also granted liberty to KVN Productions to amend the prayer in the writ petition and seek an early hearing.
Observing that the film contained content relating to the Army and religious sentiments, which could potentially disturb religious harmony, the bench said the chairperson's decision to refer the film to the revising committee required proper consideration. It further noted that the single judge should not have examined the merits of the case in the absence of a specific challenge to the chairperson's order.
The bench had reserved orders on January 20 after hearing detailed arguments from both sides in the appeal filed by the CBFC. Though Justice Asha had allowed the producer's petition on January 9, the first bench stayed her order on the same day.