TaxTMI 
TaxTMI 
TaxTMI 
2007 (4) TMI 726
X X X X Extracts X X X X
X X X X Extracts X X X X
....n 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 expression. Films are accepted as entries for awards and for exhibition in International Film Festivals all over the world, without any kind of censorship so that the select audience can view the films in their pristine form and appreciate the creative talent of the film makers as also the theme and content of the films. Recognizing the said tradition, the Ministry evolved a policy in respect of non-commercial Film Festivals and exempted all entries from the re....
X X X X Extracts X X X X
X X X X Extracts X X X X
....le 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 Central Board of Film Certification" in Regulations 10(d) and (e) were violative of Article 14 and void, and the said two clauses should be read without those words. The High Court however, reserved liberty to appellants to impose a condition similar to Regulation 8 of the Mumbai International Film Festival, 2006 ('MIFF-2006' for short) which read as follows : "Selection of films/videos for Competition will be made by a Committee whose decision will be final. However, Fe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 Central Board of Film Certification as Children's films . (e) Films made in any Indian language, shot on 16 mm, 35 mm or in a wider gauge or digital format but released on film format and certified by the Central Board of Film Certification as a Documentary/Newsreel/Non-Fiction/Short-Fiction are eligible for non- feature film section. (f) A film produced by a film institute running diploma/degree courses run by it which are recognized by the Government of India shall be eligible even without certification by the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y 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 foreign States, public order, decency or morality, or involves defamation or contempt of Court or is likely to incite the commission of any offence. Sub-section (2) authorizes the Central Government to issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under the Act in sanctioning films for public exhibition subject to the provisions of sub-section (1). Section 9 relates to power to exempt and is extracted below : "The Central Government may, by order in writing exempt, subject to such conditio....
X X X X Extracts X X X X
X X X X Extracts X X X X
....) 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 the requirement that films can be released for public exhibition, only if they possess a certificate issued by the Central Board of Film Certification, is a reasonable restriction. The question is whether the Government can impose a condition that the entry of films for awards will be restricted to only those which possess a certificate issued by the Board under section 5A of the Act. Whether the government should encourage the production of films with aesthetic and technical excellence and social relevance, whether such encouragement should be by giving awards periodically or annually, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....old 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 Regulations governing the 9th Mumbai International Film Festival (for Documentary, short and animation films), popularly known as MIFF 2006. The said regulations provide that films shot and produced in India by an Indian national between 1.9.2003 and 31.8.2005 are eligible for entry in 'national competition'. Regulation 15 provides that censorship will not be applicable to any films entered in the festival. Thus, the policy of the Government is to give exemption from certification by the Board for entering films (both Indian and foreign) in Film Festivals which are non- commercial in natur....
X X X X Extracts X X X X
X X X X Extracts X X X X
....m 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 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 Film Awards, lead to a complaint of discrimination. Applying different yardsticks to different events, to achieve different objects cannot be considered as discriminatory. Re : Point (iii) 19. The next question is whether exemption in respect of films made by Film Institutes and films entered by Doordarshan en....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t 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 in favour of the other person is found to be a lawful and justified one it can be followed and a similar relief can be given to the petitioner if it is found that the petitioners' case is similar to the other persons' case. But then why examine another person's case in his absence rather than examining the case of the petitioner who is present before the Court and seeking the relief. Is it not more appropriate and convenient to examine the entitlement of the petitioner before the Court to the relief asked for in the facts and circumstances of his case than to enquire into the correctness of the or....
X X X X Extracts X X X X
X X X X Extracts X X X X
....FA 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 Institutes and Doordarshan is legal. If it is illegal, he cannot claim a similar illegal exemption in his favour. 22. The appellants point out that only films produced by the Film Institutes running diploma/degree courses which are recognized by the Government of India and certified by the Head of such film institutes, as having been produced within the specified period, are exempted from certification by the Board. The appellants contend that when a film is made by a Film Institute running diploma/degree courses recognized by Government, the persons in charge of the Film Institute would ensure due compliance with the....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., 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 Director General that the film entered has been viewed by him and it complies with the principles/guidelines relating to certification under section 5B. In the circumstances, we do not find any basis for a classification treating entries by Doordarshan as a special class requiring exemption. 25. There are innumerable Film Institutes and several Doordarshan Kendras. The exemptions in favour of films made by Film Institutes and films entered by Doordarshan will amount to recognizing the Heads of such Institutes or institutions as equal to Central Board for Film Certification and entrusting the Heads of such institutions with t....