Case 22 of 30 in Law Easy's Media Law series. Prakash Jha Productions v. Union of India, Supreme Court of India, decided 2011.
FACTS
The film Aarakshan was certified by the board. Around its 2011 release, Uttar Pradesh, Punjab and Andhra Pradesh suspended its screening, fearing trouble. Punjab and Andhra Pradesh withdrew their orders once the producers went to court, but Uttar Pradesh defended its order, relying on a committee that had suggested cuts.
WHAT THE COURT HELD
In August 2011 a bench led by Justice Mukundakam Sharma quashed the Uttar Pradesh order. The state committee had tried to sit over the board's decision and demand cuts, a pre-censorship power the state does not have. Once the board has cleared a film, the state cannot prohibit its screening on the ground of a possible law-and-order problem; maintaining law and order is the state's duty.
EXAM POINT
Film certification belongs to the body given that role by law, and a state cannot create its own second censorship system.
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