SC declares provision of Cinematograph Act `unconstitutional'

SC declares provision of Cinematograph Act `unconstitutional'
PRESS TRUST OF INDIA

NEW DELHI, NOV 30: The Supreme Court has declared as ``unconstitutional'' a provision of the Cinematograph Act, 1981, by which the Government reviews the decisions of the Censor Board or the Appellate Tribunal regarding clearance of a film.

``The Executive has to obey judicial orders. Thus, Section 6 (1) of the Act is a travesty of the rule of law which is one of the basic structure of the Constitution'', a division bench comprising Justice V N Khare and Justice S N Variava said in a recent judgement while dismissing an appeal filed by the Central Government.

The bench said, ``Even after establishing the Appellate Tribunal, the Central Government sought to retain with it the power to make such orders as it thought fit. In effect what the Government is seeking to do is to exercise power of revision over the decision of the Board or the Tribunal.''

The Government had filed the appeal against an Appellate Tribunal decision regarding clearance of a film on the ground that it was necessary to retain such power because it had been found on certain occasions, there was a public resentment to the film and law and order situation arose after the film was cleared by the Board or the Tribunal.

The court said, ``Once an expert body has considered the impact of the film on the public and has cleared the film, it is no excuse to say there may be law and order situation.''

``In such a case, the clear duty of the Government is to ensure that law and order is maintained by taking appropriate actions against the persons who breach law,'' the bench said.