Telangana High Court orders CBFC to take fresh decision on Vyuham movie certification before Feb 9

A division bench of Telangana High Court recently directed the Central Board of Film Certification (CBFC) to watch the Telugu movie ‘Vyuham’ and take a decision with regard to its certification on or before February 9 [P Ram Gopal Varma vs Telugu Desam Party]. .A single-judge had earlier set aside the censor certificate issued to the movie in December 2023 after Telugu Desam Party (TDP) moved the Court alleging that the movie was defamatory to the party and its leaders.Justice Surepalli Nanda had also directed the CBFC to reconsider its decision in accordance with the law within a period of three weeks. The judgment of the single-judge was challenged by the movie director P Ram Gopal Varma and producer Ramadhutha Creations before a division bench.The division bench of Chief Justice Alok Aradhe And Justice Anil Kumar Jukanti agreed with the reasoning of the single-judge in setting aside the censor certificate. However, it modified the order by directing an expeditious decision on film certification..The Court reasoned that the producer has a fundamental right under Article 19 of the Constitution of India to allude to true incidents with his perspective.It also said that the producer has invested money for producing the film and is required to book the theatres in advance to ensure the release of the movie. “It is directed that the Chairman shall re-constitute the Revising Committee, if not already constituted, and the Revising Committee shall view the movie and duly communicate its decision for certification of the film to the appellants on or before 09.02.2024,” ordered the Court..In the appeal against the single-judge’s judgment, it was argued that a political party cannot maintain a writ petition, much less a petition for alleged defamation. It was also contended that Form VIII in the Cinematograph (Certification) Rules, 1983 does not require the Revising Committee to record reasons for grant of ‘U’ certificate to a movie..Considering the submissions, the Court at the outset observed that artistic freedom is a fundamental right. “The freedom of creation by artistic means is a fundamental right and is covered under Article 19(1)(a) of the Constitution of India. However, the same can be regulated. The Cinematograph Act, 1952 is an Act to make provision for the certification of cinematograph films for exhibition and for regulating exhibitions by means of cinematographs.”.On whether TDP could have filed a writ petition, the Court held the political party to be an aggrieved person and opined that it cannot be said to be a stranger having no right.The Court rejected the argument that the Revising Committee of CBFC was not required to assign any reasons while granting ‘U’ certificate to a film with excisions. “On perusal of Rule 24(9) of the Certification Rules, it is evident that each member of the Revising Committee before leaving the preview theatre [has to] record his recommendations in writing in Form VIII set out in Second Schedule spelling out in clear terms the reasons therefor…,” said the Court..Thus, the Court agreed with the conclusions of the single-judge. However, it directed an expeditious decision on the film certification. Senior Counsel A Venkatesh and advocates Pasham Mohith and Rajagopallavan Tayi represented the appellants.Senior Counsel Unnam Muralidhar represented the Telugu Desam Party.Deputy Solicitor General Gadi Praveen Kumar appeared for the Union of India and CBFC. [Read Judgment]