Madras HC sets aside single-judge order granting censor nod to Jana Nayagan
Court says CBFC should have been given time to file counter affidavit; fresh hearing ordered, further delaying release of Vijay-starrer
The Madras High Court on Tuesday (January 27) set aside a single-judge order that had directed the Central Board of Film Certification (CBFC) to grant a censor certificate to Vijay-starrer Jana Nayagan, ruling that the board should have been given time to file its counter affidavit. The division bench remanded the matter back to the single judge for a fresh hearing, dealing a setback to the makers of the political action drama and further delaying its release.
Earlier, the High Court had on January 20 reserved its order on an appeal filed by the CBFC, challenging a single judge direction to grant a censor certificate to Tamil film ‘Jana Nayagan’, starring actor-politician Vijay.
The first bench comprising Chief Justice MM Shrivastava and Justice G Arul Murugan reserved orders after hearing elaborate arguments from both sides. The bench had, on January 9, stayed an order of Justice PT Asha, which allowed the petition filed by KVN Productions LLP, producer of the film and gave a direction to grant a censor certificate forthwith.
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It heard the appeal after the Supreme Court had, on January 15, asked the Madras HC to decide on the plea on January 20. The apex court had refused to entertain the plea filed by the producer of 'Jana Nayagan', challenging an interim order of the Madras HC that stayed a single-judge direction to grant censor board clearance to the movie.
When the case came up for hearing on January 20, Additional Solicitor General ARL Sunderesan, appearing for Central Board of Film Certification (CBFC) submitted that on January 5 itself an order was passed by the Chairperson of the Censor Board to put on hold the earlier decision of the examining committee recommending the grant of censor certificate.
According to him, based on a complaint from a member of the examining committee, which viewed the film, the matter was referred to the revising committee. The ASG stated that the January 5 order was not challenged by the petitioner, and there was no prayer against the decision to refer the matter to the revising committee. Therefore, no positive direction could be issued by the single judge, he added.
The film also features Pooja Hegde, Bobby Deol, Mamitha Baiju, Gautham Vasudev Menon, Prakash Raj, Priyamani and Narain in pivotal roles and is backed by KVN Productions.