Must Examine Whether Cinematograph (Certification) Rules' Procedure Was Followed: Telangana High Court Suspends Release Of 'Vyuham' By 3 Weeks

The Telangana High Court has suspended the release of the Political thriller -Vyuham for three weeks holding that the Revising Committee failed to state reasons for granting a Certificate of Exhibition when initially the application had been rejected noting a series of irregularities yet, no major deletions/changes were made.

Last week, the General Secretary of the Telugu Desam Party (TDP) approached the High Court praying that the certificate for exhibition be cancelled on the ground that it was highly defamatory towards the Party President Chandra Babu Naidu. 

The respondents contended that the Revising committee considered all aspects of the movie and granted the certificate only after making a thorough analysis. Additionally, it was stated that the disclaimer of 'based on true events' had been removed presenting the movie as a work of fiction.

Justice Surepalli Nanda after referring to the initial rejection report submitted by the examining committee noted that the Committee had rejected initially rejected the application for exhibition, observing that the movie was derogatory towards certain people and their political parties, as the same names and party symbols had been used throughout the movie.

This, the Committee held, was, violative of guideline 2(xviii) of the S, O.No.836-(E), issued in 1991, notified by the Government of India, Ministry of Information and Broadcasting, Section 5B(2) of the Cinematography Act, 1952.

However, it was found that despite only two minutes' worth of recordings being deleted, the Committee issued the certificate the second time around, without as much as assigning reasons which is violative of sub-rules 9,10,11&12 of Rules 24 of the Cinematography (Certification) Rules, 1983. The Court stated:

“..and duly considering the fact as borne on record in the statement of particulars of excisions and Modifications dated 13.12.2023, that the duration of total deletions; at the time of examination as 02.01 MMSS opines that the issue needs detailed examination on the point whether the procedure as laid down under Sub-Rule 9. 10, 11, and 12 of Rule 24 of the Cinematograph (Certification) Rules, 1983 has been followed in the present case or not.”

Justice Nanda held that Article 21 is a fundamental right with no restrictions, whereas the fundamental right to expression can only be exercised within limitations. It was also noted that a mere delay in approaching a Court for infringement of fundamental rights will not dilute the rights of an individual.

“this Court finds that a prima facie case is made out and balance of convenience at this stage lies in favour of the petitioner and therefore, the validity of the certificate No.DIL/ t / 45 / 2023-l-lYD, DATED 13.12.2023 issued by the 3rd respondent in favour of the 6th respondent for theatrical release of the movie 'VYUHAM' is suspended for a period of three weeks from today and the respondents 5 and 6 are accordingly restrained from releasing the movie "VYUHAM' based on the said certificate,” it concluded. 

The Central Board of Film Certification, Revising Committee, and Producer of the movie were directed to place all records pertaining to the movie before the Court on the next date of hearing.

W.P. 34681 of 2023

Click Here To Read/Download Order