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Judgment
Mr. A. Venkatesh, learned Senior Counsel represents Mr. Pasham Mohith, learned counsel for the appellants.
Mr. Unnam Muralidhar Rao, learned Senior Counsel represents M/s.Unnam Law Firm, learned counsel for respondent No.1.
Mr. B. Narasimha Sharma, learned Additional Solicitor General of India appears for respondent Nos.2 to 5.
With the consent of the learned Senior Counsel for the parties, the matter is heard finally.
This intra court appeal emanates from an interim order dated 28.12.2023 passed by the learned Single Judge in I.A.No.2 of 2023 in Writ Petition No.34681 of 2023 by which the learned Single Judge has suspended the validity of the certificate issued by Central Board of Film Certification for releasing the movie “VYUHAM” and has further directed respondent Nos.2 to 5 to place the original record in respect of certificate submitted by appellant No.2 before the Court and has posted the matter for further orders on 11.01.2024.
We have considered the submissions made on both sides.
Respondent No.1 has filed Writ Petition No.34681 of 2023 seeking the following relief:
For the Reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction more particularly in the combined nature of Certiorari & Mandamus, or any other appropriate writ, by granting the following:
A. To declare the Certificate No.DIL/1/45/2023-HYD Dt.13/12/2023 issued by the 34d & 4th Respondents in favour of the 6th Respondent for theatrical release of the film “VYUHAM” (@Vyooham) as illegal, arbitrary and in violation of Section 5B(1)&(2) of the Cinematograph Act, 1952 and Guideline No.2(xviii) of 1991 revised Guidelines under S.O.No.836-(E) Dt.06.12.1991 issued by the 1st Respondent and under Section 2(c) of the Contempt of Courts Act, 1971 and the same to be violative of principles of Natural Justice and also violative of Articles 14 & 21 of Constitution of India.
B. To call for the records pertaining to 3rd & 4th Respondents in respect of Certificate No. DIL/1/45/2023-HYD Dt.13/12/2023 in Application No.CA071910202300040 submitted by the 6th Respondent for theatrical release of the film “VYUHAM” (@Vyooham) and to quash the same as illegal, arbitrary and in violation of Section 5B(1) & (2) of the Cinematograph Act, 1952 and Guideline No.2(xviii) of 1991 revised Guidelines under S.O.No.836-(E) Dt. 06.12.1991 issued by the 1st Respondent and under Section 2(c) of the Contempt of Courts Act, 1971 and the same to be violative of principles of Natural Justice and also violative of Articles 14 & 21 of Constitution of India.
We have considered the nature of controversy involved in the Writ Petition before the learned Single Judge as well as submissions made on both sides. Any adjudication at this stage by a Division Bench of this Court shall have bearing on the proceedings which are pending before the learned Single Judge.
Learned Additional Solicitor General of India has submitted that he shall produce the relevant record on such date as may be fixed by this Court.
Therefore, in the facts and circumstances of the case, it is directed that the learned Additional Solicitor General of India shall produce the relevant record pertaining to the release of the movie, namely, “VYUHAM”, before the learned Single Judge on 08.01.2024.
In the peculiar facts and circumstances of the case, the learned Single Judge is requested to hear the parties on 8.01.2024 itself and to decide Writ Petition No.34681 of 2023 on merits. It is clarified that findings recorded by the learned Single Judge have been made for the purposes of deciding the prayer for interim relief sought by respondent No.5 in the Writ Petition and shall have no bearing on the proceedings which are pending between the parties before the Civil Court.
With the aforesaid clarification, the Writ Appeal is disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.