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2018 (1) TMI 1717 - SUPREME COURTProhibition on the exhibition of the film, namely, Padmavat - seeking stay on notifications/orders prohibiting the exhibition of the film - When once a Certificate has been issued by the CBFC, the States can issue notifications or orders prohibiting exhibition of film in theatres? - HELD THAT:- The creative content is an insegregable aspect of Article 19(1) of the Constitution. Needless to emphasise, this right is not absolute. There can be regulatory measures. Regulatory measures are reflectible from the language employed Under Section 5B of the Act and the guidelines issued by the Central Government. Once the parliamentary legislation confers the responsibility and the power on a statutory Board and the Board grants certification, non-exhibition of the film by the States would be contrary to the statutory provisions and infringe the fundamental right of the Petitioners. It has to be borne in mind, expression of an idea by any one through the medium of cinema which is a public medium has its own status under the Constitution and the Statute. There is a Censor Board under the Act which allows grant of certificate for screening of the movies - As advised at present once the Certificate has been issued, there is prima facie a presumption that the concerned authority has taken into account all the guidelines including public order. It is directed that there shall be stay of operation of the notifications and orders issued by the Respondent-States and the other States are also restrained to issue notifications/orders in any manner prohibiting the exhibition - there are no hesitation in stating by way of repetition and without any fear of contradiction that it is the duty of the State to sustain the law and order situation whenever the film is exhibited, which would also include providing police protection to the persons who are involved in the film/in the exhibition of the film and the audience watching the film, whenever sought for or necessary. Let the matter be listed on 26th March 2018 for final disposal.
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