Daijiworld Media Network - Chennai

Chennai, Jan 27: The Madras High Court on Tuesday allowed an appeal filed by the Central Board of Film Certification (CBFC), set aside a single judge’s order directing the grant of U/A (16+) certification to actor-politician Vijay’s film Jana Nayagan, and remanded the matter for fresh consideration.

A Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan held that the single judge should have granted sufficient time to the CBFC to file its counter-affidavit before deciding the writ petition. The Bench also permitted the film’s producer, KVN Productions, to amend the plea and specifically challenge the CBFC chairperson’s decision to refer the film to the Revising Committee.

The appeal was heard at length on January 20, after which the court had reserved its verdict. Earlier, on January 9, Justice P T Asha had allowed the producers’ petition and directed the CBFC to grant U/A certification, holding that the chairperson had acted without jurisdiction after the Examining Committee’s decision was conveyed. That order was stayed the same day by the Chief Justice-led Bench following an urgent appeal by the CBFC. The producers’ bid to vacate the stay before the Supreme Court was unsuccessful, with the apex court directing them back to the High Court.

During arguments, Additional Solicitor General A R L Sundaresan, appearing for the CBFC, contended that certification could not be claimed merely because the 14 cuts suggested by the Examining Committee were implemented, as the committee’s role was advisory and the final authority rested with the Board under the Cinematograph Act. Senior counsel Satish Parasaran, representing the producers, argued that the Revising Committee was invoked without providing them a copy of the complaint and raised concerns over transparency in the CBFC’s process.