Shyam Bharteey v. Central Board of Film Certification Regional Officer Delhi & Anr.

1. This hearing has been done through hybrid mode. CM APPL. 44880/2022

2. This is an application seeking permission for the Petitioner to appear and argue the case in person. The Petitioner is permitted to appear and argue his case. The CM APPL. 44880/2022 is therefore disposed of as infructuous. W.P.(C) 14659/2022

3. The Petitioner has challenged the refusal of the grant of certification of the Central Board of Film Certification for exhibition of the Petitioner’s film ‘MASOOM KAATIL (Hindi)’.

4. Heard. Under Section 5C of the Cinematograph Act, 1952, an Appeal would lie challenging an order refusing to grant a certificate. Earlier, the Appeal would lie before the Appellate Tribunal constituted under Section 5D. However, upon the enactment of the Tribunal Reforms Act, 2021, the Appellate Tribunal has been abolished and the appeal would lie to the High Court.

5. Consequent upon the decision taken by this Court, an office order has been issued to the following effect by the Chief Justice. The said office order is extracted below: No. 667/Original Side/DHC Date: 07 July, 2021 OFFICE ORDER Consequent upon promulgation of The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, Hon’ble the Chief Justice, on the recommendations of the Hon’ble Committee constituted for the purpose, has been pleased to pass the following directions: xxx xxx xxx xxx

5. Any appeal under Section 5C of the Cinematograph Act, 1952, until the framing of the Rules in this regard, shall be registered as RFA. xxx xxx xxx xxx These directions shall come into force with immediate effect. By Order Sd/- (Manoj Jain)

6. Pursuant to the above an office order under which the renumbering has to be done has been issued. The same is extracted below: Re: Office Orders No. 667/Original Side/DHC dated 07.07.2021 and No. 685/Original Side/DHC dated 13.07.2021: Reference to the aforementioned Office Orders thereby creating Intellectual Property Division as well as the new nomenclatures, consequent upon promulgation of The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The nomenclatures so created and the proposed category codes are mentioned hereinbelow: Relevant Statute Nomenclature newly created (for I.P. Division) Proposed Category Code Cinematograph Act Sec.5C Appeal against order of the Film Certification Board to the Film Certification Appellate Tribunal (now High Court) R.F.A. (IPD) 48014 The present writ petition may thus be renumbered as a RFA under the Cinematograph Act, 1952 and be listed before the appropriate Bench on 12th January, 2023.

7. In the meantime, ld. Counsel for the Respondent would place on record a short affidavit giving the reasons for refusal and the names of individuals who constituted the panel who refused the certification.

8. List on 12th January 2023, as per Roster before the Bench hearing RFA matters.

PRATHIBA M. SINGH JUDGE DECEMBER 2, 2022 Rahul/AM