Telangana High Court Directs CBFC Revising Committee To Consider Certifying Telegu Film 'Vyuham'

The Telangana High Court has directed the Revising Committee to consider the application of certification for the public exhibition of the Telugu movie 'Vyuham'.

The Writ Petition was filed before Justice Surepalli Nanda by M/s Ramadhuta Creations (a distribution and production proprietorship, predominantly in the Telugu Film Industry)through their proprietor Dasari Kiran Kumar.

“This Court opines that it is not a stage where the application of the petitioners dated 20.10.2023 for public Exhibition of a feature film in the Telugu language under the name and style of “VYUHAM” can be refused and it is in fact only at the stage where it is under consideration by the Revising Committee and therefore, taking into consideration…., the Writ Petition is disposed of directing the Revising Committee to consider the petitioners application of certification for public exhibition,” it held.

It was contended before the bench by the petitioner that it had been commissioned to produce the movie in question, and the same was completed in the year 2023.

Upon its completion, the petitioner applied for certification before The Central Board of Film Certification on 19^th October 2023 and the very next day on 20^th October, filed a detailed application as prescribed by the Cinematograph Certification) Rules, 1983.

The petitioner received a communication from the Chairperson of the Board stating that the movie was referred to the Revising Committee as of 1^st November 2023. However, as of the date of filing of the petition, i.e., 23^rd November, the petitioner contended that the Revising Committee had not even been constituted despite representations being made to the regional office of the Central Board for Film Certification.

The petitioner prayed to declare the actions of the actions of the Central Board of Film Certification in referring the application of certification for public exhibition to the Revising Committee under the pretext of the impending elections in the State of Telangana as illegal, arbitrary, contrary to the provisions of the Cinematograph Act, 1983 rules and for being unconstitutional. They prayed for the court to set aside the same and consequently direct it to grant certificate for public exhibition.

Alternatively, the petitioner also prayed that the revising committee may be directed to scrutinize and approve the application of the petitioner. Through the course of the proceedings, the petitioner chose to press only the alternative prayer and prayed that the revising committee may be directed to decide regarding the application following law and within a reasonable period.

The Counsel on behalf of the Cinematography Board contended that the application had rightly been referred to the Committee given rule 24(1) of the Cinematograph Rules and that, the Revising Committee had not been formed on account of the Model Code of Conduct being in place due to the State elections that were going on at the time. He contended that the movie, which is a 'controversial' take on the Andhra Pradesh Politics may influence the State elections.

It was contended that the movie if screened may have the effect of influencing the elections and that it was the responsibility of the Government to ensure free and fair elections. The counsel prayed that the revising committee would be formed after 30^th November 2023.

As such the petition was allowed, and there were no orders as to costs.

W.P.: 32374 of 2023

Counsel for petitioner: Senior Counsel S. Niranjan Reddy

Counsel for respondents: D. Narender Naik.

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