Student Moves Madras High Court Challenging CBFC Certificate To Amaran Movie, Claims Compensation For Using His Phone Number

When the matter was taken up by Justice S Sounthar on Friday, Senior Advocate Aravind Pandian, appearing for Raaj Kamal Films, the producer of the movie, informed the court that the particular scene had been edited and the mobile number had been blurred. Pandian also informed the court that a fresh certificate had also been obtained after the modifications and contended that the prayer had become infructuous.

While the judge sympathised with the student, he wondered how the court could order compensation in the writ petition. The court also suggested that the petitioner could work out his remedies before the civil court for the damages caused to him.

“Your challenge was to the certificate. Now the objectionable content has been removed and a fresh certificate has been issued. Nothing survives now. Lots of inconvenience has been caused to you. No doubt. So you're at liberty to work out a remedy under the common law,” the judge orally remarked.

However, since the petitioner stressed not disposing of the case, the court directed the respondents to file a counter and adjourned the case.

Vaageesan, a 3^rd Year Engineering Student had approached the court after receiving continuous calls on his number from persons who wished to talk to the lead actress of the movie “Amaran”. The petitioner informed the court that in one of the scenes in the movie, the heroine tosses a paper, with her number to the hero, and the number displayed in the scene belonged to the petitioner.

Vaageesan submitted that the continuous phone calls have caused mental agony to him and he has been unable to focus on his studies. He added that he had sent a legal notice to the director and producers of the movie, to which the producer had sent his reply accepting the mistake and assuring that the scene would be cut. However, the petitioner added that he continued to get calls.

The petitioner further submitted that his right to carry on functions and other activities had been curtailed without any authority of law due to the sheer negligence and wilful portrayal of the mobile number. He stressed that the producers could not do business at the cost of an individual's privacy and fundamental rights guaranteed under the Constitution.

Thus, he sought damages to the tune of Rs. 1,10,00,000 and to quash the censor certificate issued for the movie on October 24, 2024. He also sought an interim stay on the release of the movie on the OTT platforms pending disposal of the petition.

Case Title: VV Vaageesan v The Secretary to Government and Others

Case No: WP 37253 of 2024