RAMESH S/O CHOTALAL DALAL versus UNION OF INDIA & ORS.

RAMESH S/O CHOTALAL DALAL versus UNION OF INDIA & ORS.

In judging whether the serial 'Tamas' should be prohibited, the standard is that of the ordinary person for whom it is intended and not hypersensitive viewers; the established procedures under the Cinematograph Act were followed, the examining committee unanimously approved, and there is no evidence that the screening offends section 5B or violates fundamental rights; the serial, viewed in its entirety, conveys a message of peace and is not likely to incite communal disharmony.

Parties
Petitioner: Ramesh S/o Chotalal Dalal; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 February 1988
Procedural Posture
Writ Petition (civil) No. 107 of 1988 Under Article 32 of the Constitution of India, With Special Leave Petition Arising From Bombay High Court Appeal No. 96/88 / Final Judgment Petition and Special Leave Petition Dismissed
Outcome
Petition under Article 32 and special leave petition dismissed.
Legal Topics
Freedom of Expression, Censorship, Certification of Films, Communal Harmony, Public Order
Constitutional Law Media Law Administrative Law Freedom of Expression Censorship Certification of Films Communal Harmony Public Order

Case Brief

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Parties

Ramesh S/o Chotalal Dalal

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 107 of 1988 Under Article 32 of the Constitution of India, With Special Leave Petition Arising From Bombay High Court Appeal No. 96/88 / Final Judgment Petition and Special Leave Petition Dismissed

Legal Issues

  1. 1 Whether the exhibition of the TV serial 'Tamas' violates section 5B of the Cinematograph Act, 1952 and Articles 21 and 25 of the Constitution of India.
  2. 2 Whether the serial is likely to incite communal disharmony and hatred in violation of section 153A of the Indian Penal Code.

Ratio Decidendi

In judging whether the serial 'Tamas' should be prohibited, the standard is that of the ordinary person for whom it is intended and not hypersensitive viewers; the established procedures under the Cinematograph Act were followed, the examining committee unanimously approved, and there is no evidence that the screening offends section 5B or violates fundamental rights; the serial, viewed in its entirety, conveys a message of peace and is not likely to incite communal disharmony.

Court Disposition

Petition under Article 32 and special leave petition dismissed.

Orders

  • Petition under Article 32 dismissed.
  • Special leave petition arising from Bombay High Court judgment dated 23rd January, 1988 also dismissed.