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2017 (11) TMI 98 - HC - Indian LawsRevoke the censor certificate issued by the second respondent for the movie 'Mersal' - petitioner submit that some of the scenes in the movie depicted wrong facts with reference to operation of G.S.T - as wrongly stated that G.S.T. is collected at 28% in India as against 7% in Singapore, but, no free medical aid is provided in India as being done in Singapore - also another factual assertion has been made that GST is not being charged on the liquor - Held that:- The petitioner cannot be stated to be a person aggrieved. After all, the second respondent is the competent authority to consider as to whether the film requires a proper certification or not. The certification given by the second respondent has not been put into challenge. In a matured democracy, view of the minority has to be allowed to be expressed. The question as to whether the said view is palatable or not can never be the one for debate. We are unable to see any non-application of mind involved as the petitioner has failed to substantiate it. Much has been said on Section 6 of the Cinematograph Act. Section 6(1) of the Act speaks about the suo motu powers to be exercised by the first respondent, that too after due notice. Therefore, no reliance can be placed upon it. Section 6(2) of the Act speaks about an interim measure, that too, for a period of two months from the date of the Notification and thus has no application. This provision also mandates a prior notice. We do not find any material to press into service the aforesaid provisions in a case of this nature. The petitioner has rushed to this Court in a hurry after giving a representation on 20.10.2017 Friday at about 8 p.m. The writ petition was filed on 23.10.2017 (Monday). Therefore, without even waiting for the first respondent to act, even for exercising his power, if otherwise exercisable under Section 6(2) of the Act, the petitioner has rushed to this Court. Even on merits, we do not find any case made out. The depiction in the movie is nothing more than an expression. It is for the movie goers to look it in their own perspective. Nobody can be forced to see the movie. Ultimately, it is the choice of an individual. Therefore, we do not find any merit in this writ petition.
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