K.A. ABBAS versus THE UNION OF INDIA & ANR.

K.A. ABBAS versus THE UNION OF INDIA & ANR.

Pre-censorship of cinematograph films is constitutionally valid under Article 19(2) as a reasonable restriction in the interest of public morality, decency, etc. Section 5-B of the Cinematograph Act, 1952 and accompanying directions are not void for vagueness as they are referable to the grounds stated in Article 19(2), but procedural guidelines and explicit recognition of artistic and socially valuable content must be incorporated for proper exercise of censorship.

Parties
Petitioner: K.A. Abbas; Respondent: Union of India
Jurisdiction
India
Judgment Date
24 September 1970
Procedural Posture
Writ Petition Under Article 32 / Final Judgment on Constitutional Validity and Specific Relief
Outcome
Petition allowed without costs
Legal Topics
Freedom of Speech and Expression, Pre Censorship of Films, Vagueness of Statutory Provisions, Cinematograph Regulation
Constitutional Law Media Law Administrative Law Freedom of Speech and Expression Pre Censorship of Films Vagueness of Statutory Provisions Cinematograph Regulation

Case Brief

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Parties

K.A. Abbas

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Judgment on Constitutional Validity and Specific Relief

Legal Issues

  1. 1 Whether pre-censorship of films under the Cinematograph Act, 1952 is unconstitutional as violating freedom of speech and expression under Article 19(1)(a) of the Constitution of India.
  2. 2 Whether Section 5-B and directions issued under it are void for vagueness, arbitrariness or indefiniteness.

Ratio Decidendi

Pre-censorship of cinematograph films is constitutionally valid under Article 19(2) as a reasonable restriction in the interest of public morality, decency, etc. Section 5-B of the Cinematograph Act, 1952 and accompanying directions are not void for vagueness as they are referable to the grounds stated in Article 19(2), but procedural guidelines and explicit recognition of artistic and socially valuable content must be incorporated for proper exercise of censorship.

Court Disposition

Petition allowed without costs

Orders

  • Assurance by Solicitor General that 'U' certificate will be granted to the petitioner's film without previous cuts is noted, and the direction for cuts is effectively set aside.
  • No order as to costs.