Supreme Court to hear plea filed by Amol Palekar challenging pre-censorship of films in India

The Supreme Court on Tuesday said it would hear in January a plea which has raised the issue concerning pre-censorship of films. In April 2017, the apex court sought responses from the Centre and the Central Board of Film Certification (CBFC) on the plea filed by veteran actor-director Amol Palekar. (Also read: Onir on censorship on OTT: Platforms want films to first go through CBFC)

What is the plea challenging?

The matter came up for hearing before a bench of justices B R Gavai and K V Viswanathan. “Why should all such petitions be filed directly before the Supreme Court,” the bench asked.

The counsel appearing for the petitioner said the pleadings in the matter were complete. “It is our respectful submission that documentaries do not fall within the definition of cinematograph as defined under the Act (Cinematograph Act),” the lawyer said.

When the lawyer referred to the prayers made in the plea, the bench observed it also relates to pre-censorship of films.

The petitioner’s counsel said the government had notified the Cinematograph (Amendment) Act, 2023 in August last year but that does not address the concerns raised in the petition. He requested the bench to take up the matter for hearing in January and said he would place on record a short written synopsis.

The centre’s argument

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said it would be better if the apex court has the advantage of a high court determination on the issues raised by the petitioner. Bhati referred to the issue of regulations for Over-The-Top (OTT) platforms.

When the petitioner’s counsel said that does not deal with documentaries, the law officer said, “It is a developing field.”

“As requested by counsel for the petitioner(s), list these matters in the week commencing from January 15, 2025,” the bench said. The plea has challenged several provisions of the Cinematography Act and said pre-censorship of movies was irrelevant in the internet era.