Scrapping a Bombay High Court judgment on petitions by documentary filmmakers, the SC said courts couldn’t assume the role of policy maker.
NEW DELHI: In a major boost to the Information and Broadcasting Ministry, which has received severe criticism for its criteria for selecting films for awards, the Supreme Court on Thursday upheld the government’s policy on the same.
Scrapping a Bombay High Court judgment on petitions by documentary filmmakers Gaurav Ashwin Jani, Anand Patwardhan and Simantini Dhuru, the SC said courts couldn’t assume the role of policy maker.
A bench comprising justices Tarun Chatterjee and R V Raveendran said, “The government’s aim is to select the best films from among those which the public can see and enjoy, or gain knowledge. The said policy neither relates to nor interferes with the right of a filmmaker, either to make films, or to exhibit the films.”
“We therefore, hold that the requirement that films should have been certified by the Central Board of Film Certification,” the court said.
Jain and others had challenged the policy of exempting films produced by Film Institutes and Doordarshan from certification, while insisting on such certification in cases of other films for entry for the NFAs.
The Bombay HC had asked the directorate of films to permit filmmakers to enter their films in digital format, without any certification from the Central Board of Film Certification. It had held that the certification requirement violated Article 14 of the constitution and was therefore, invalid.
Reacting to the judgment, Anand Patwardhan said, “The Supreme Court judgment is regressive in nature and is a blow to the spirit of democracy. It will only strengthen the arbitrariness of the National Film Awards which we were trying to challenge.” Simantini Dhuru added, “If the censor board keeps interfering in the creative process then the government should give the National Award to the censor board itself.”
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