Saurabh Malik
Tribune News Service
Chandigarh, December 6
The Punjab and Haryana High Court has made it clear that the authorities concerned can only suspend the exhibition of a film that is ‘being publicly exhibited’.
The Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli also stayed — by way of an interim measure — the operation of the impugned order/notification dated July 12 issued by the state on the screening of a Punjabi flick “Shooter”.
The Bench also made it clear that the stay would remain in force till further orders.
Taking up the matter, the Bench observed that the State of Punjab was granted repeated opportunities to file an affidavit stating that the film in question was being publicly exhibited and, as such, the authorities had suspended its exhibition in exercise of powers under Section 6 of the Punjab Cinemas (Regulation) Act, 1952.
Referring to an affidavit eventually filed by the state, the Bench observed it clearly stated that the film was never publicly exhibited. In fact, the matter was examined by a committee constituted by the authorities prior to its release. It was of the opinion that the film should not be permitted to be released as it would cause breach of peace.
“Therefore, the undisputed position that permeates the record is: The film (Shooter) has not yet been released and publicly exhibited. The Central Board of Film Certification (CBFC) vide certificate dated March 13, 2020, had certified that the film was fit for public exhibition. A bare analysis of the provision of Section 6 of the Punjab Cinemas (Regulation) Act, 1952, reveals that the authorities can suspend the exhibition of a film that is ‘being publicly exhibited’,” it added.
Before parting with the matter, the Bench fixed January 31 as the next date of hearing. Shooter’s producer had moved the HC challenging the suspension of the film exhibition by Punjab and Haryana on the ground that the CBFC had given a nod for its release.
ORDERS ON PUNJABI MOVIE ‘SHOOTER’
The HC Bench made it clear that the orders were being passed keeping in line with the law and in the “wake of interpretation of term ‘being publicly exhibited’ by the Supreme Court in Prakash Jha Productions and another versus the Union of India”.
Can stop screening if film ?being publicly shown?: HC
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