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In A Limbo : Vijay’s Jana Nayagan Release Hits Road Block, HC Stays Own Order

The Madras High Court has  stayed a single judge’s order directing the Central Board of Film Certification 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 M M 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 January 6, and records were produced on January 7 by the film board and order was passed by the single judge on January 9 morning.

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