Chennai, 9 Jan

The Madras High Court on Friday stayed a single judge's order directing the CBFC to immediately grant a censor certificate to the movie ‘Jana Nayagan,’ leaving the fate of actor-turned-politician Vijay's film, which has drawn attention for its political overtones, in limbo.

The division bench's order came hours after Justice PT Asha directed the Central Board of Film Certification to give clearance to Jana Nayagan setting aside the film board's directive to refer the matter to a review committee.

The First Bench comprising Chief Justice MM Shrivastava and G Arul Murugan, on an appeal filed by CBFC, granted interim stay against the single judge's verdict.

Allowing the plea of KVN Productions, which produced the film, seeking a direction to CBFC authorities to issue a censor certificate, Justice Asha said that once the board had decided to grant the certificate, the Chairperson had no power to send the matter to the Review Committee. The film board immediately preferred an appeal against the order.

When the matter came up before the Division Bench comprising Chief Justice Shrivastava and Justice Arul Murugan, Additional Solicitor General ARL Sundaresan and Solicitor General Tushar Mehta (appeared through video conferencing) outlined the grounds for the appeal.

Mehta argued that the chairperson of CBFC had to review the decision to grant the certificate and send the matter to the review panel on the grounds of references to the Army and sentiments related to religion.

Sundaresan submitted that the single judge ordered issuance of censor certificate forthwith and did not give sufficient time to file a counter-affidavit.

The petitioner movie production house filed its plea on 6 January, and records were produced on 7 January by the film board and order was passed by the single judge on 9 January morning.

The January 6 letter of CBFC, which was communicated to the producer of the film, informing him that the matter was referred to the Revising Committee, was not at all under challenge. But the single judge set aside the letter and gave the above direction.

Mehta submitted that the single judge allowed the petition of the production house without giving sufficient opportunity to CBFC to file the reply.

Senior Counsel Mukul Rohatgi, appearing for the production house, submitted that the 6 January letter was communicated to the producer after the petition was filed.

When the judge asked when the letter was communicated, Sundaresan said it was communicated before the petition was filed.

Further, Rohatgi submitted that the matter was referred to the Revising Committee based on a complaint filed by one of panel members, when a majority of members decided to grant censor certificate.

He said there was urgency and hence the producer filed the petition on 6 January because the film was slated to be released on January 9.

The Chief Justice said, "I am sorry. Is he (ASG) not entitled to file his reply? You should have waited. How can you go ahead without any censor certificate".

In its order, the bench said the petition was filed on January 6 and the CBFC was not granted sufficient opportunity to file its reply. There shall be a stay, the bench added and ordered notice to the producer of the movie and posted the matter to January 21.

Besides Jana Nayagan which is Vijay's last movie, Tamil Nadu eagerly awaits the release of another politically loaded film 'Parasakthi,' which captures the "anti-Hindi imposition" stir of the 1960's and said to reflect shades of the Dravidian ideology.

While Parasakthi's screening has been cleared by the censor board, it is not clear if the TVK chief Vijay's movie could hit the screens ahead of the harvest festival Pongal, next week as the court has granted a stay.