The Supreme Court will consider a petition that addresses the topic of pre-censorship in films in January.
Back in April 2017, the apex court requested responses from the Central Government and the Central Board of Film Certification (CBFC) regarding the petition submitted by esteemed actor-director Amol Palekar.
This issue was presented for hearing before a panel of justices BR Gavai and KV 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.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said it would be better if the apex court had 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.
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