Kerala High Court Directs Central Government To Review Certification Given To Film Maradu 357

A Bench of Justice PV Asha issued the direction on a petition in response to a petition filed by Sandeep Mehta, KV Jose and Sany Francis who described themselves as aggrieved by the grant of film certification. The three petitioners were builders of the apartments that formed the subject-matter of the film moved the High Court. 

The three asserted that the release of the film based on a "live story" was a violation of their fundamental right to privacy as declared by the Supreme Court in KS Puttuswamy v. Union of India.

They sought a right to be heard by the Central Government before the release of the film, under Sections 5E and 6 of the

Cinematograph Act and Rule 32 of the Cinematograph (Certification) Rules, 1983. It was pointed out that under Section 6 of the Cinematograph Act, the Central Government is vested with revisional powers either on its on motion or otherwise, at any stage in respect of certification of film by the Board. Under Section 5E also, the Central Government is vested with powers either to suspend or revoke a certificate granted by the Board, it was contended. Such a representation had already been made to the Centre, the petitioners informed the Court.

Additionally, they argued that the Film Certification allowed was issued without hearing the petitioners.

The petitioners also declared themselves aggrieved by the fact that there is no provision for hearing anybody else at the time of issuance of the certificate, other than the applicant for the certificate.

In light of these submissions, Justice Asha directed the Central Government to review the certification, treating the representation already made as a petition under either Section 5E or 6 of the Cinematograph Act.

The Counsel for the film maker undertook not to release the film in any format before orders were passed on the petitioners' representation.

Advocate Santhosh Mathew represented the petitioners.

CGC Jayasankar V.Nair represented the Centre. Senior Counsel C.C.Thomas represented the filmmaker.

The film is based on the demolition of apartment complexes H2O" of Holy Faith Builders Ltd, "Alfa Serene" of Alfa Venture (P) Ltd, "Jain Coral Wave" of Jain Housing & Construction Ltd and "Golden Kayaloram" of K P Varkey Builders The buildings were directed to be demolished on the findings that they were built in violation of the Coastal Zone Regulation notification pursuant to a directive by the Supreme Court.

Read a timeline of events leading up to the demolition here,

Click here to read the Order.