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august 2011

Supreme Court of India · 2011-08-19

M/S Prakash Jha Productions & Anr vs Union Of India & Ors

Citation / case number
AIRONLINE 2011 SC 568
Court
Supreme Court of India
Petitioner
M/S Prakash Jha Productions & Anr
Respondent
Union Of India & Ors
Bench
Anil R. Dave, Mukundakam Sharma

Judgment text excerpt

The Supreme Court addressed the legality of the Uttar Pradesh Government's suspension of the film 'Aarakshan', holding that such action constituted pre-censorship, which is not within the powers of the State under Section 6(1) of the U.P. Cinemas (Regulation) Act. The Court noted that the authority to censor films lies with the Central Board of Film Certification as per The Cinematograph Act, 1952. The petition was rendered infructuous concerning the States of Punjab and Andhra Pradesh, as they lifted their suspension orders, while the challenge to the Uttar Pradesh suspension was upheld, emphasizing the violation of Article 19(1) of the Constitution.

M/S Prakash Jha Productions & Anr vs Union Of India & Ors · Niyam