High Court can't revoke CBFC certificate, rules Supreme court

New Delhi: The High Courts cannot entertain a petition seeking ban on release of a film and give a direction to the Central Board of Film Certification and the Union ministry of information and broadcasting to revoke the certificate granted to a film after its release. A SC Bench of Justices N.V. Ramana and Abdul Nazeer gave this ruling while setting aside a Madras High Court judgment directing revocation of the certificate granted to Tamil film New after it was released and had its run.

In its order the Bench said the High Court should not have undertaken a piece-meal analysis of the movie and applied a subjective standard in reviewing the movie thereunder.  “We are also of the opinion that it was not proper for the High Court to entertain such writ petition, particularly in the peculiar facts and circumstances of this case, more so when an appropriate authority had already issued a censor certificate.”

The Bench agreed with the submissions of counsel P.B. Suresh and Vipin Nair that the fact that the Censor Board has approved the film for public exhibition only after several cuts itself is a testimony of the fact that the quasi-judicial body has discharged its functions with proper application of mind and keeping in view the norms and values of the contemporary society.