Plea In Kerala High Court
Kerala High Court Today (June 25) heard petition against delay in censor certificate for ‘Janaki v State of Kerala’ starring Union Minister Suresh Gopi. The film, scheduled to release on June 27, faces issues over its title and character name.
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KOCHI: A petition has been filed in the Kerala High Court saying that the Central Board of Film Certification (CBFC) is taking too much time to give the censor certificate for a Malayalam movie named ‘JSK: Janaki v State of Kerala‘.
This movie stars Union Minister and BJP leader Suresh Gopi and is supposed to be released worldwide on June 27.
Today, Justice N Nagaresh looked at the matter and said that the Revising Committee of the CBFC will have a meeting on June 26. Because of this, the judge decided that the court will listen to the case again on June 27, after the committee gives its decision.
The film production company M/s Cosmos Entertainments said in its petition that they had submitted the application for censor certificate on June 12 through the official online portal of CBFC called e-cinepramaan. However, the CBFC has not yet given the certificate or told them of any official objections.
They also mentioned that earlier, CBFC had already given a censor certificate for the teaser trailer of the film.
The petitioners believe that the delay is because of unofficial concerns raised by the CBFC about the film’s title and the main character’s name ‘Janaki’, which is also the name of the Hindu goddess Sita.
The petition clearly stated:
“Even though no official communication or show cause notice have been received from the respondents, from the newspaper reports, the petitioner came to know that the censor board had directed to change in the title as well as the name of the titular character of Janaki, by citing that it refers to the Hindu goddess “Sita”, which shows the inconsistency and arbitrariness in the stand now taken by the Censor Board in objecting to the same title and character name at the stage of certifying the full film, despite having previously granted certification for the teaser without raising any such concerns,”
-the petition said.
The company said that since the film is releasing on June 27, any further delay in giving the censor certificate is against the constitutional right to freedom of speech and expression, as mentioned in Articles 19(1)(a) and 19(1)(g) of the Indian Constitution.
They also told the court that this delay will cause big financial loss which cannot be reversed.
Because of all this, the company asked the High Court to tell the CBFC to immediately issue the censor certificate for the film without more delay.
CASE TITLE:
M/s Cosmos Entertainments vs The Regional Officer.
WP(C) 23326/ 2025
Article 19(1)(a): Freedom of Speech and Expression
- This clause ensures the right of citizens to express their views and ideas through various mediums like speech, writing, printing, or any other form.
- It is considered a cornerstone of a democratic society, fostering public discourse and the free exchange of ideas.
- The Supreme Court has interpreted this right to include various aspects, such as the freedom of the press, the right to propagate one’s views, and the right to information about government activities.
- However, this right is not absolute and is subject to reasonable restrictions under Article 19(2), which include grounds like public order, decency, morality, and defamation.
Article 19(1)(g): Freedom to Practice any Profession or Occupation
- This clause guarantees citizens the right to choose and pursue any profession, occupation, trade, or business.
- This right allows individuals to earn a livelihood and contribute to the economic development of the nation.
- Similar to Article 19(1)(a), this right is also subject to reasonable restrictions under Article 19(6), which can include restrictions related to public interest, morality, or public health.
- For example, the state can impose restrictions on professions that could be hazardous to public health or safety.
In essence, both Article 19(1)(a) and 19(1)(g) are crucial for individual liberty and a functioning democracy, but they are not unlimited rights and can be restricted in the interest of the larger public good.
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