TMI Blog2007 (4) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tary film makers, intended to enter their Non-Feature Films for the 53rd National film Awards for the year 2005. Respondents were aggrieved by the following two eligibility requirements prescribed by the Directorate, for non-feature films, in clause (e) of Regulation 10 of the 53rd NFA Regulations : (i) that the films should have been certified by the Central Board of Film Certification ('Board' for short); and (ii) that the films should have been released only on a film (celluloid) format, even if they were shot in digital format. Clause (d) of Regulation 10 stipulated similar requirements in regard to feature films. The Respondents, therefore, filed WP No.1448/2006, seeking a declaration that Regulations 10(d) and (e) of the 53rd National Film Award Regulations were violative of Articles 14 and 19(1)(a) of the Constitution. They also sought a consequential declaration that films made and released on either 'film format' or 'digital format' are eligible for entry, without any certification by the Board. Reasons for the First Grievance 3. The Respondents submitted that films are works of art, made in exercise of the fundamental right of speech and e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xpense of conversion. It was submitted that restricting entry to only films released on film format, would prevent most of the non-feature films from being entered for National Film Awards. Decision of the High Court 6. When the said writ petition was taken up for hearing by the High Court, the appellants herein (respondents in the writ petition) submitted that the Directorate had decided to accept the entry of non-feature films on digital format. Therefore, the sole issue that required consideration related to the requirement of a certificate by the Central Board for NFA entries. 7. The High Court held that there was no difference between films entered for awards in Film Festivals and films entered for National Film Awards; that there was also no difference between films produced by Film Institutes/Doordarshan and films produced by others, for purposes of entry for National Film Awards; and that the requirement relating to certification by Board in respect of film makers other than Film Institutes and Doordarshan amounted to hostile discrimination. It, therefore, allowed the writ petition by its judgment dated 27.7.2006 holding that the words and certified by the Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds aim at encouraging the production of films of aesthetic, and technical excellence and social relevance contributing to the understanding and appreciation of cultures of different regions of the country in cinematic form, thereby also promoting integration and unity of the nation. Eligibility 10.(a) Only those persons whose names are on the credit titles of the film and are normally residing and working in India shall be eligible for the Awards. The film should have been produced in India. In the case of co- productions involving a foreign entity, the following conditions should be fulfilled :- (a) .. (b) The film should have been certified by the Central Board of Film Certification between 1st January 2005 and 31st December 2005. (c) The Director of the film should be an Indian national. (d) Films made in any Indian language, shot on 16 mm, 35 mm or in a wider gauge or digital format but released on a film format and certified by the Central Board of Film Certification as a feature film or featurette are eligible for feature film section. In the case of award for Best Children's Film only such films shall be eligible as have been certified by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; for short). Part II of the Act relates to certification of films for public exhibition. Section 3 provides for constitution of the Board of Film Certification (earlier known as Board of Film Censors). Sections 4 and 5A provide for examination and certification of films. They require any person desiring to exhibit any film, to make an application to the Board for a certificate. The Board, after examining the film, can sanction the film for unrestricted public exhibition, or for public exhibition restricted to adults, or for public exhibition restricted to members of any profession or any class of persons, having regard to the nature, content and theme of the film. The Board can also direct the applicant to carry out excisions or modifications or even to refuse sanction of the film for public exhibition. Section 5B lays down the principles for guidance in certifying films. Sub-section (1) thereof provides that a film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng objectives. The first is to consider only films which have been released or capable of being released for public exhibition. The second is to consider the films in the form in which they will be seen by the public. 13. The right of a film maker to make and exhibit his film, is a part of his fundamental right of freedom of speech and expression under Article 19(1) (a) of the Constitution. A film is a medium for expressing and communicating ideas, thoughts, messages, information, feelings and emotions. It may be intended either for public exhibition (commercial or non-commercial) or purely for private use. The requirement under sections 4 and 5A of the Act relating to certification by the Board, where the film is intended for public exhibition, by applying the guidance principles set out in section 5B, is a reasonable restriction on the exercise of the said right of speech and expression contemplated under Article 19(2), and therefore, constitutional [vide K. A. Abbas vs. Union of India (AIR 1971 SC 481), S.Rangarajan v. P.Jagjivan Ram (1989 (2) SCC 574), and Life Insurance Corporation of India vs. Manubhai D. Shah (1992 (3) SCC 637)]. But the question here is not whether th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct 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. Re : Point (ii) 16. We will next consider whether requirement relating to certificate from the Board in regard to entry for National Film Awards is discriminatory, as the Ministry has permitted films to be entered in Film Festivals (non- commercial), without any certification. The Respondents referred to the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicial review. Nothing prevents the Government from having different policies for National Film Awards and for Film Festivals. 18. The High Court wrongly proceeded on the assumption that the objects of the Film Festivals and National Film Awards are the same and therefore when permission was granted for entering films in Film Festivals without certification by the Board, a similar treatment should be extended to entries for the National Film Awards. The object of Film Festivals and the object of National Film Awards are different. Film Festivals are held, to provide a platform for film makers from all over the world to meet, exchange ideas, explore the possibility of co-production, market films and to broaden the vision of film makers. On the other hand, the object of National Film Awards is to encourage the production of films of aesthetic and technical excellence and social relevance, which will contribute to the understanding and appreciation of cultures of different regions of the country and promote national integration and unity. When the purpose and object of Film Festivals and National Film Awards are completely different, the conditions that are made applicable, or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder cannot be made the basis of issuing a writ compelling the respondent-authority to repeat the illegality or to pass another unwarranted order. The extraordinary and discretionary power of the High Court cannot be exercised for such a purpose. Merely because the respondent-authority has passed one illegal/unwarranted order, it does not entitle the High Court to compel the authority to repeat that illegality over again and again. The illegal/unwarranted action must be corrected, if it can be done according to law - indeed, wherever it is possible, the Court should direct the appropriate authority to correct such wrong orders in accordance with law - but even if it cannot be corrected, it is difficult to see how it can be made a basis for its repetition. By refusing to direct the respondent-authority to repeat the illegality, the Court is not condoning the earlier illegal act/order nor can such illegal order constitute the basis for a legitimate complaint of discrimination. Giving effect to such pleas would be prejudicial to the interests of law and will do incalculable mischief to public interest. It will be a negation of law and the rule of law. Of course, if in case the order i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution conceives within the equality clause this concept nor Article 226 empowers the High Court to enforce such claim of equality before law. If such claims are enforced, it shall amount to directing to continue and perpetuated an illegal procedure or an illegal order for extending similar benefits to others. Before a claim based on equality clause is upheld, it must be established by the petitioner that his claim being just and legal, has been denied to him, while it has been extended to others and in the process there has been a discrimination. 21. 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 In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdarshan. We are concerned with entry for National Film Awards certified by the Board between 1.1.2005 to 31.12.2005. The Notification dated 16.10.1984 does not grant any exemption in respect of entries made by Doordarshan for Film Awards. Therefore, the notification dated 16.10.1984 is not relevant. It is not necessary to examine the further question whether the Central Government can invest in the Director General and the Directors of Doordarshan Kendras the power and authority of the Central Board for Film Certification and thereby create virtually a parallel body. 24. If the notification dated 16.10.1984 is excluded, there are no special circumstances for exempting the films entered by Doordarshan. The exemption given under Regulation 10(g) is not for films made by Doordarshan, but films entered by Doordarshan. This means that any film made by any independent film maker when entered by Doordarshan becomes eligible without certification by the Board. It is also to be noted that Regulation 10(g) requires a certificate from the Director General, Doordarshan that the non-feature film has been produced within the eligibility period, but does not require a certificate from the Dir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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