MUNICIPAL CORPORATION OF DELHIversusDY. COMMISSIONER OF POLICE (LICENCING) AND ANR.
1994 INSC 42630 September 1994Disposed off
The Supreme Court considered an appeal by the Municipal Corporation of Delhi (MCD) against the Dy. Commissioner of Police (Licensing) and others concerning the construction of a cinema building. The issue arose after an amendment to the Delhi Cinematograph Rules, 1981, which replaced the MCD with the Delhi Development …
S. RANGARAJAN ETC.versusP. JAGJIVAN RAM & ORS.
1989 INSC 10930 March 1989Appeal(s) allowed
The producer S. Rangarajan sought a ‘U’ certificate for his Tamil film “Ore Oru Gramathile” which was initially refused, then granted after review by two Revising Committees. The Madras High Court later revoked the certificate on grounds that the film was biased, could incite caste‑based unrest and violated several gui…
MANOHAR LAL SHARMAversusSANJAY LEELA BHANSALI & ORS.
2017 INSC 115628 November 2017Dismissed
The petitioner, Manohar Lal Sharma, filed a writ petition under Article 32 seeking a direction that the film "Padmavati" not be exhibited abroad without a certificate from the Central Board of Film Certification (CBFC) and that the CBI register an FIR against the film's producers under Section 7 of the Cinematograph Ac…
UNION OF INDIAversusK.M. SHANKARAPPA
2000 INSC 54528 November 2000Dismissed
The petition challenged the constitutional validity of several provisions of the Cinematograph Act, 1952, particularly Section 6(1) which allowed the Central Government to call for records of proceedings before the Board or Tribunal and to make orders revising their decisions. The High Court upheld most provisions but …
RAJ KAPOOR AND ORS.versusSTATE AND OTHERS
1979 INSC 22426 October 1979Appeal(s) allowed
The appellants, film producers of "Satyan, Shivam, Sundaram", were summoned by a Metropolitan Magistrate under sections 292, 293 and 34 of the IPC after a complaint alleging obscenity. They challenged the summons before the Delhi High Court under section 482 of the Criminal Procedure Code, but the High Court treated th…
DIRECTOR GENERAL, DIRECTORATE GENERAL OF DOORDARSHAN AND ORS.versusANAND PATWARDHAN
2006 INSC 55825 August 2006Dismissed
The documentary "Father, Son and Holy War" produced by Anand Patwardhan, dealing with oppression of women, masculinity, and communal violence, was submitted to Doordarshan for telecast in 1995. Doordarshan refused, citing an internal circular that barred the telecast of any film certified "A" by the Central Board of Fi…
SUSHIL ANSALversusSTATE THROUGH CBI
2014 INSC 16822 September 2015Disposed off
The Supreme Court affirmed the conviction of Sushil Ansal, Gopal Ansal and H.S. Panwar under IPC sections 304‑A, 337, 338 read with s.36 and s.14 of the Cinematograph Act, 1952 for the Uphaar cinema fire. The issue before the Court was the appropriate quantum of sentence, given the statutory maximum of two years’ rigor…
LIFE INSURANCE CORPN. OF INDIA AND ORS. ETC.versusPROF. MANUBHAI D. SHAH ETC. ETC.
1992 INSC 18122 July 1992Dismissed
The petitioners, Life Insurance Corporation of India (LIC) and Doordarshan, appealed against High Court orders directing LIC to publish a rejoinder to a criticism of its premium policy in its magazine and directing Doordarshan to telecast a documentary on the Bhopal gas disaster. The issues were whether a State‑owned c…
STATE OF ANDHRA PRADESHversusNAGOTIVENKATARAMANA
1996 INSC 90920 August 1996Appeal(s) allowed
The State of Andhra Pradesh prosecuted N. Venkatramana, a video shop owner, for possessing 90 video cassettes that lacked the statutory particulars required under Section 52-A of the Copyright Act, 1957. The trial court convicted him under Section 63, imposing six months' imprisonment and a fine of Rs.3,000, a sentence…
AMOD KUMAR KANTHversusASSOCIATION OF VICTIM OF UPHAAR TRAGEDY AND ANR.
2023 INSC 39720 April 2023Appeal(s) allowed
The appellant, a former Deputy Commissioner of Police and licensing officer, ordered the removal of extra seats in the Uphaar cinema in 1979‑80 following a revocation of a prior notification. After the 1997 fire that killed 59 people, the CBI filed a closure report finding no criminal act by the appellant, which the ma…
M/S. PRAKASH JHA PRODUCTION AND ANR.versusUNION OF INDIA AND ORS.
2011 INSC 59519 August 2011Case Partly allowed
The petitioners, producers of the film "Aarakshan", challenged the Uttar Pradesh Government's order suspending the film's exhibition under Section 6(1) of the Uttar Pradesh Cinemas (Regulation) Act, 1955, arguing that the power to suspend could be exercised only when a film is already being publicly exhibited and that …
THE SOUTH INDIAN FILM CHAMBER OF COMMERCE, MADRAS ETC.versusENTERTAINING ENTERPRISES, MADRAS AND ORS. ETC.
1994 INSC 61916 December 1994Appeal(s) allowed
The South Indian Film Chamber of Commerce challenged the constitutional validity of Sections 9(2) and 10(2) of the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1984, arguing that the State legislature lacked competence because the provisions dealt with copyright…
RAMESH S/O CHOTALAL DALALversusUNION OF INDIA & ORS.
1988 INSC 4416 February 1988Dismissed
The petitioners sought a writ of prohibition to stop the further telecast of the TV serial "Tamas", alleging that its content would incite communal violence and violate Articles 21 and 25 of the Constitution as well as Section 5B of the Cinematograph Act, 1952 and IPC sections 153A/153B. The serial, based on Bhisham Sa…
UNION OF INDIA AND ORS.versusMOTION PICTURE ASSOCIATION AND ORS. ETC. ETC.
1999 INSC 27415 July 1999Disposed off
The Union of India and the States of West Bengal and Uttar Pradesh challenged provisions in the Cinematograph Act, 1952 and related state regulations that require cinema exhibitors to show short scientific, educational, documentary or news films and to pay a 1% rental fee to the Films Division. The exhibitors argued th…
RAJKAPOOR S/O PRITHVIRAJ KAPOORversusLAXMAN S/O KISHANLAL GAVAI
1979 INSC 26714 December 1979Appeal(s) allowed
The producer of the film "Satyam Shivam Sundaram" was prosecuted under Section 292 of the Indian Penal Code for alleged obscenity after a complaint was filed. The film had been granted an "A" certificate for public exhibition by the Central Board of Film Censors under Section 5A of the Cinematograph Act, 1952. The prod…
RAJA VIDEO PARLOUR AND ORS. ETC.versusSTATE OF PUNJAB AND ORS . ETC.
1993 INSC 23214 July 1993Case Allowed
The appellants operated video parlours that exhibited pre‑recorded films using VCR/VCP and a TV projector onto a separate 100‑120 inch screen, with seating capacities exceeding fifty. The Punjab Exhibition of Films on Television Screen through Video Cassette Players (Regulation) Rules, 1989 limited licences to premises…
M/S. LAXMI VIDEO THEATERS AND OTHERSversusSTATE OF HARYANA AND OTHERS
1993 INSC 23314 July 1993Dismissed
The appellants operated video parlours in Haryana, exhibiting pre‑recorded films through VCRs/VCPs without obtaining licences under the Cinematograph Act, 1952 and the Punjab Cinemas (Regulation) Act, 1952. They sought a writ from the High Court contending that a VCR does not fall within the definition of "cinematograp…
SHANKAR VIDEO AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.
1993 INSC 23514 July 1993Appeal(s) allowed
The appellants operated a video cinema using an ENTEL video projector system that displayed pre‑recorded movies from VCR/VCP on a large separate screen. They obtained licences under the Maharashtra Cinemas (Regulation) Rules, 1966 (as amended) but a touring cinema licence‑holder challenged the validity of those licence…
INDIBILITY CREATIVE PVT LTD & ORS.versusGOVT OF WEST BENGAL & ORS.
2019 INSC 51711 April 2019Appeal(s) allowed
Indibility Creative Pvt Ltd and its directors produced the Bengali satirical film *Bhobishyoter Bhoot* which had been certified ‘UA’ by the Central Board of Film Certification (CBFC). Four days before its scheduled release, the Joint Commissioner of Police (Intelligence) sent a letter demanding a private screening, all…
DIRECTORATE OF FILM FESTIVALS AND ORS.versusGAURAV ASHWIN JAIN AND ORS.
2007 INSC 41011 April 2007Case Partly allowed
Documentary filmmakers sought to enter non‑feature films for the National Film Awards, challenging regulations that required certification by the Central Board of Film Certification (CBFC) and release on film format. They argued that entry did not constitute public exhibition, making certification an unreasonable restr…
DISTRICT MAGISTRATE, HARIDWAR AND ANR.versusHARISH MALHOTRA
2014 INSC 8519 December 2014Dismissed
The respondent, a cable television network operator registered under the Cable Television Networks (Regulation) Act, 1995, began transmitting two private video channels and was directed by the District Magistrate of Haridwar to pay a license fee of Rs.11,88,500 under Rule 17(2) of the Uttar Pradesh Cinema (Regulation o…
ASSOCIATION OF VICTIMS OF UPHAAR TRAGEDYversusSUSHIL ANSAL AND ANOTHER
2017 INSC 1239 February 2017Disposed off
The case arose from the 1997 Uphaar cinema fire that killed 59 people. Sushil Ansal (the licencee) and his brother Gopal Ansal were convicted under Sections 304‑A, 337, 338 and 36 of the IPC and sentenced to two years' rigorous imprisonment, which the Delhi High Court reduced to one year. The Supreme Court, in a two‑ju…
NIPUN MALHOTRAversusSONY PICTURES FILMS INDIA PRIVATE LIMITED & ORS.
2024 INSC 4658 July 2024Disposed off
The appellant, a person with arthrogryposis, challenged the portrayal of persons with disabilities in the film ‘Aankh Micholi’, alleging violations of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the Cinematograph Act, 1952. He sought the inclusion of disability experts on the Central Board of Film …
AMRIT NAHATAversusUNION OF INDIA
1985 INSC 1298 May 1985Disposed off
Amrit Nahata filed a writ petition challenging sections of the Cinematograph Act and Censorship Rules and seeking certification of his film ‘Kissa Kursee Ka’. The Supreme Court ordered the film’s negatives and prints to be preserved and screened before five judges, but the film was not made available. The Solicitor Gen…
SUSHIL ANSALversusSTATE THROUGH CBI
2014 INSC 1685 March 2014Case Partly allowed
The Uphaar Cinema tragedy in Delhi on 13 June 1997 resulted in 59 deaths and over 100 injuries due to asphyxiation from smoke. The Ansal brothers, as occupiers and licensees of the cinema, were convicted under Sections 304A, 337, 338 read with Section 36 IPC and Section 14 of the Cinematograph Act, 1952. The High Court…
K C CINEMA (CORRECT NAME K C THEATRE)versusSTATE OF JAMMU AND KASHMIR & ORS
2023 INSC 63 January 2023Appeal(s) allowed
A public interest litigation was filed in the Jammu & Kashmir High Court alleging that cinema halls prohibited movie‑goers from bringing their own food and beverages, forcing them to purchase expensive and possibly unhealthy items. The High Court directed cinema owners not to prohibit outside food, invoking the right t…
KAUSHAL KISHORversusSTATE OF UTTAR PRADESH & ORS.
2023 INSC 43 January 2023Reference answered
Writ Petition (Criminal) No. 113 of 2016 and Special Leave Petition (Diary) No. 34629 of 2017 were referred to a Constitution Bench to answer five questions concerning the scope of freedom of speech under Article 19(1)(a) and the enforceability of fundamental rights against non-State actors. The petitions arose from st…
KODUNGALLUR FILM SOCIETY & ANR.versusUNION OF INDIA & ORS.
2018 INSC 9171 October 2018Disposed off
The Kodungallur Film Society filed a writ petition under Article 32 seeking directions to prevent mob violence against cultural establishments, especially following protests over films like Padmaavat. The Court examined whether the State must implement the guidelines from In Re: Destruction of Public and Private Proper…
BOBBY ART INTERNATIONALversusOM PAL SINGH HOON AND ORS.
1996 INSC 5951 May 1996Appeal(s) allowed
The film "Bandit Queen", based on the life of Phoolan Devi, was certified 'A' by the Appellate Tribunal under the Cinematograph Act after it was found to depict the consequences of social evils such as rape and oppression. The petitioner, Bobby Art International, challenged the High Court's order that quashed the certi…
GITA RAM & ANR.versusSTATE OF H.P.
2013 INSC 701 February 2013Dismissed
The appellants were convicted for publicly exhibiting obscene blue films to a young audience under Section 292 read with Section 34 of the Indian Penal Code and Section 7 of the Cinematograph Act. The trial court sentenced them to six months' simple imprisonment and a fine; the appellate court reduced the imprisonment …