Delhi HC Restores Certification For "Kaum De Heere", Featuring Assassinators Of Former PM Indira Gandhi [Read Judgment]
Live LawThe Delhi High Court on Tuesday restored screening Certificate for Punjabi movie "Kaum De Heere", featuring assassinators of former PM Indira Gandhi. They argued that CBFC had granted an "A" Certificate to the film on the basis of recommendation under Rule 24 of the Cinematograph Rules, 1983, after the Second Revising Committee viewed the film. The Respondents, through ASG Maninder Acharya, CGSC Anurag Ahluwalia and Advocates Abhigyan Siddhant, Kartikeya Rastogi, Viplav Acharya, Harshul Chowdhryadn and Ikshita Singh submitted that the Central Government has Revisional powers under Section 6 of the Cinematograph Act, 1952 and Rule 32 of the said Rules to direct that a film, which has been granted certification, be deemed to be an uncertified film in any part or the whole of India. "Section 6 of the Act, insofar as it enables the Central Government to exercise the power of revision against the decision of CBFC and FCAT, is violative of the basic structure of the Constitution…once an expert body has considered the impact of a film on the public and has cleared the film, it is no excuse to say that there may be a law and order situation.