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september 1970

Supreme Court of India · 1970-09-24

K. A. ABBAS vs THE UNION OF INDIA & ANR.

Citation / case number
SC 1969/60134
Court
Supreme Court of India
Petitioner
K. A. ABBAS
Respondent
THE UNION OF INDIA & ANR.
Author
HIDAYATULLAH, M. (),SHELATM.,MITTER, G.K.,VAIDYIALINGAM, C.A.,RAY, A.N.
Bench
HIDAYATULLAH, M. (CJ),SHELAT, J.M.,MITTER, G.K.,VAIDYIALINGAM, C.A.,RAY, A.N.

Judgment text excerpt

The Supreme Court held that pre-censorship of films is constitutional under Article 19(1)(a) and (2) of the Constitution of India, recognizing that the treatment of motion pictures differs from other forms of art due to their emotional impact and realism. The Court emphasized that while censorship is justified, it must be guided by clear principles to prevent arbitrary action. The petitioner's challenge to the Cinematograph Act, 1952, specifically Section 5-B, was partially upheld as the Court allowed the amendment to contest the vagueness of the provisions, but ultimately upheld the constitutionality of pre-censorship.

K. A. ABBAS vs THE UNION OF INDIA & ANR. · Niyam