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2007 (4) TMI 726 - SC - Indian LawsChallenge to the words "and certified by the Central Board of Film Certification" in Regulation 10(d) and (e) - (i) Whether restricting the entry, for National Film Awards, to only films certified by the Central Board of Film Certification, is an unreasonable restriction on the fundamental right of film makers, violative of Article 19(1)(a) of the Constitution - HELD THAT:- . The government is not interested in evaluating or giving an award to a film which may never be seen by the public, or at all events never be seen in an 'uncensored' form. Its object is to select the best from among those which the public can see and enjoy or gain knowledge. The said policy neither relates to nor interferes with the right of a film maker either to make films, or to apply for certificate or to exhibit the films. There is nothing illogical, unreasonable or arbitrary about a policy to select only the best from among films certified for public exhibition. We cannot, in judicial review, change that policy by requiring the Government to select the best from among 'films made' instead of 'films made and certified for public exhibition'. We, therefore, hold that the requirement that films should have been certified by the Central Board of Film Certification between 1.1.2005 and 31.12.2005 for entry for the 53rd National Film Awards is not an unreasonable restriction of any fundamental right of the respondents or other film makers. (ii) Whether the Directorate, having permitted entry of films in an uncensored format for awards in Non-Commercial Film Festivals, should do so in respect of National Film Awards also - HELD THAT:- When the purpose and object of Film Festivals and National Film Awards are completely different, the conditions that are made applicable, or the exemptions that are granted, in respect of Film Festivals, cannot automatically be applied to National Film Awards. The two being unequal and dissimilar, the question of applying the same standards or norms does not arise. Nor can application of different norms to Film Festivals and National Film Awards, lead to a complaint of discrimination. Applying different yardsticks to different events, to achieve different objects cannot be considered as discriminatory. (iii) Whether exempting films made by Film Institutes and films entered by Doordarshan from the requirement of certification by the Board, while requiring certification by the Board in the case of others, is discriminatory, violating Article 14 of the Constitution - HELD THAT:- In this case, we have already found that the NFA policy restricting the entry to only films certified by the Board is valid and does not violate Article 19(1)(a). It therefore follows that a film maker does not have any right to claim that he is entitled to enter his films without certification by the Board. When a film maker complains of discrimination on the ground that films made by Film Institutes and films entered by Doordarshan have been exempted from the requirement of certification, and claims similar exemption, the question that requires examination is whether the exemption that has been granted to Film Institutes and Doordarshan is legal. If it is illegal, he cannot claim a similar illegal exemption in his favour. CONCLUSION - A film-maker can challenge an illegal exemption in favour of Film Institutes and Doordarshan under clauses (f) and (g) of Regulation 10, but cannot claim a similar exemption by placing reliance on such illegality. Therefore the challenge to the words "and certified by the Central Board of Film Certification" in Regulation 10(d) and (e) has no merit. The respondents have not challenged the validity of Regulation 10(f) and (g) granting exemption to films made by Film Institutes or films entered by Doordarshan. Therefore, no relief can be granted to respondents in that behalf. Thus, we allow the appeal in part and set aside the Judgment of the High Court except the direction to permit entry of non- feature films in digital format.
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