Jayant Nath JUDGMENT
G. Rohini, C.J.
1. This appeal is preferred against the order of the learned Single Judge dated 25.05.2015 in W.P.(C) No. 675/2015. The respondents in the petition i.e. Central Board of Film Certification and Ministry of Information and Broadcasting, Union of India are the appellants before us.
2. The first respondent herein/writ petitioner produced and directed a documentary film titled 'The Textures of Loss'. The Central Board of Film Certification permitted the exhibition of the said film subject to four excisions/deletions specified therein and insertion of the following disclaimer at the beginning of the film:
"views expressed by individuals in the documentary are solely their own views. Their views are not intended to hurt/defame any person, caste, community, religion, institution or organization".
3. The first respondent herein (hereinafter referred to as the 'writ petitioner') preferred an appeal under Section 5-C of the Cinematograph Act, 1952 (for short 'the Act') and the same was disposed of by the Film Certification Appellate Tribunal (for short 'Appellate Tribunal') by order dated 11.09.2014 upholding the decision of the Central Board of Film Certification (CBFC) to the extent of two out of four excisions and insertion of disclaimer. Aggrieved by the same, the writ petitioner filed W.P.(C) No. 675/2015. By the order under appeal the learned Single Judge set aside the decisions of both CBFC and the Appellate Tribunal and held that a 'U' Certificate shall be issued to the film in question without any deletions/excisions. The direction to insert the disclaimer has also been set aside. Hence, the present appeal.
4. We have heard the learned counsel for both the parties.
5. The documentary film in question is approximately 61 minutes of duration. The film is based on the case studies stated to have been made by the petitioner of the people who were affected by long term violence in the valley of Kashmir and the film attempts to portray the sufferings of people in Kashmir. The film contains interviews with the family members of some of the victims of violence, who while narrating the incidents of violence, explained how the same had affected their lives and the mental trauma suffered by them. The film also included the views of psychiatrists and counsellors about the trauma and emotional turmoils of the family members of the victims and other residents. Though the people spoke in Kashmiri, the film is screened with English sub-titles.
6. A perusal of the order of CBFC dated 30.12.2013 shows that while directing four incisions and insertion of a disclaimer, no reasons were assigned by CBFC. The Appellate Tribunal, as mentioned above, reduced the incisions from four to two and confirmed the insertion of disclaimer as suggested by CBFC.
7. The two incisions upheld by the Appellate Tribunal and the reasons assigned therefor are as under:
"(c) The 3rd suggested cut from 00:39:34 to 00:39:36 from "disproportionate violence" line from textual graphics plate has been recommended by CBFC to be deleted. The expression "With Disproportionate Violence" does not do justice to the role of the security forces who faced a storm of stone throwing. The action of the forces was partly in self defence and secondly to deter occurrence of stone throwing incidents. The Tribunal accordingly agrees with CBFC that the expression "With Disproportionate Violence" should be deleted as this could have a demoralizing effect on the security forces/ police who were actually victims of stone throwing incidents.
(e) The 5th suggested cut from 00:44:04 to 00:44:15 from "I beg Allah.............