3. Whether the suspension powered on the movie is justified?
3.1. Certification of film.
The counsel appearing on behalf of the petitioner comply with the suspension
powered on the petitioner as unjustified.The British Board of Film Classification
(BBFC) passed the film with a (12A) rating and zero cuts.Such 12A classification
is equivalent to the UA rating used for movies in India.
Section 5A (1)(A) of the act states that
(a) the film is suitable for unrestricted public
exhibition, or, as the case may be, for unrestricted public exhibition with an endorsement of
the nature mentioned in the proviso to clause (i) of sub-section (1) of section 4, it shall grant
to the person applying for a certificate in respect of the film a “U” certificate or, as the case
may be, a “UA” certificate1; From the above mentioned it is clear that the movie must be
provided with the certificate. But in the Present case, the certificate provided is revoked
which is not justified.
3.2 How come the Certificate can be revoked?
The power to revoke and suspend the film does not lies with the CBFC.
However, CBFC can refuse to issue certification to a film for public exhibition
for violation of Guidelines issued under Section 5B of the Cinematograph Act,
1952. But the CBFC grant certificate which means there is nothing against the
cinematography Act in this movie. Hence the revocation of certificate is
unjustified.
3.3 Exercising power of board in granting certification.
The board may refuse to sanction the film for public exhibition. The High court of
jurisdiction at Bombay at bench Aurangabad in a recent case for certification of film
titled Jolly LLB ,the High court went on to direct certain cuts which were not
considered necessary by board
3
.
The petitioner is aggrieved by the aforementioned provisions granting the power
of ordering cuts, deletions, alterations in a film along with abuse of power while
exercising the powers given by said act and rule while certifying and
/
or denying
certification to any applicant film.
Films can be certified without demanding deletions
4
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