Jana Nayagan censor clearance delay: Madras High Court reserves verdict

The Madras High Court on Wednesday reserved its judgment on a plea filed by the producer of Vijay-starrer film Jana Nayagan alleging a delay on the part of the Central Board of Film Certification (CBFC) in granting a final censor certificate for the film's release. .Justice PT Asha heard the matter. .The film, which would be Vijay's last in his movie career, is scheduled for a January 9 release. An examining committee of the CBFC had initially recommended that the film be given a U/A 16 certificate once certain cuts are made to it, which were carried out by the filmmakers. However, the film was later referred to a revising committee on the receipt of a complaint raising concerns about the portrayal of defence forces in some scenes as well as certain scenes that could allegedly hurt religious sentiments. When the matter was first heard on Tuesday, the film's producer questioned how such a complaint could be made when no member of the general public had watched the film yet. On Wednesday, however, it was revealed that the complaint was actually made by a member of the examining committee who claimed that his concerns were not recorded. Representing the film's production house, Senior Advocate Satish Parasaran questioned how the filmmakers could be kept in the dark about this. He argued that the law demands that the CBFC acts in a more transparent manner. "It completely beats me how one recommendation becomes a complaint ... Please see the letter (communication about referring the film to a revision committee), it reads so artificially. 'Due to complaint received on hurting religious sentiments and portrayal of defence' … I have invested ₹500 crores, it cannot be so slightly dealt with. One of the officials who viewed the film becomes complainant – I don’t know (how)... How can CBFC Chairman say the film has again gone to the can? I have been shouting from roof that it’s a Pongal release, Jan 9," he added. .Additional Solicitor General ARL Sundaresan, representing the CBFC, countered that there was no malicious intent on the part of the CBFC and that its chairman is well within his authority to refer the matter to a revision committee. "Malafide has not been pleaded in the petition. This (CBFC) is a responsible body … Power (of revision) does not get exhausted because certificate has not yet been given to them ... It is an honest endeavour, there is no malafide. I stand by that," he said. The examining committee's recommendations do not take away these powers, he added. Since the final censor certificate is yet to be granted, the chairman can authorise the revision proceedings, he argued. "If they (filmmakers) are not satisfied with what we do in revision, then it is matter for appeal. A mandamus writ is scuttling our power for revision ... Rules confer power on Chairperson for revision. That power is not eroded and exercise of that power has not been challenged before this Court," he maintained. .[Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.