The Madras High Court has set aside an earlier order that directed the Central Board of Film Certification (CBFC) to grant a U/A certificate to the Tamil film ‘Jana Nayagan’, starring actor-politician Vijay. In a significant legal development, the court has remanded the matter back to a single judge for a fresh and comprehensive hearing, effectively putting the film’s release on hold once again.
The ruling was delivered by a Division Bench led by Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, following an appeal filed by the CBFC challenging a previous single-judge decision that ordered immediate certification of the film.
Why the Earlier Order Was Set Aside
The Division Bench observed that the earlier single-judge ruling had been passed without granting sufficient opportunity to the CBFC to file its counter-affidavit and present its full case. The judges noted that procedural fairness and due process must be strictly followed, particularly in matters involving statutory authorities like the CBFC.
The court held that the single judge should not have gone into the merits of the certification dispute at that stage and emphasised the need for a detailed hearing before reaching a final decision.
In its order, the Bench stated that the previous directive granting certification could not stand and directed that the matter be reheard to ensure all parties receive a fair opportunity to present their arguments.
A legal observer explained, “This ruling reinforces the principle that courts must follow due process and allow statutory bodies adequate time to respond before issuing decisive orders.”
Fresh Hearing and Liberty Granted to Film Producers
While setting aside the earlier ruling, the court granted liberty to the film’s producers to amend their legal petition, allowing them to specifically challenge the CBFC chairperson’s decision to refer the film to a Revising Committee.
This means the producers can now expand their legal arguments to question not just the delay in certification, but also the procedural steps taken by the censor board, including whether the film was rightfully subjected to further review after an initial recommendation.
The decision opens the door for a renewed legal battle over the certification process, with the final outcome likely to influence both the film’s release timeline and broader industry practices.
Background of the Certification Dispute
‘Jana Nayagan’ — widely regarded as Vijay’s final film before his full-time political entry — has been at the centre of a prolonged legal and regulatory dispute. The producers had approached the court after the CBFC delayed or withheld certification, citing internal review procedures.
Initially, a single judge had ordered the board to grant certification immediately, prompting the CBFC to challenge the ruling on the grounds that statutory procedures had not been fully followed.
The appellate ruling now resets the legal process, meaning the certification issue will be re-examined from scratch before the single judge.
Impact on Film Release and Industry Reaction
With the certification order overturned, the film’s release remains uncertain, potentially affecting distribution plans, marketing schedules, and audience anticipation.
Industry insiders note that the verdict underscores the complex legal environment surrounding film certification in India, where creative freedom, regulatory oversight, and judicial intervention often intersect.
A senior film trade analyst commented, “This case highlights the growing importance of legal preparedness in film production. Certification disputes can significantly impact release timelines and commercial prospects.”
Broader Implications for CBFC and Film Regulation
Beyond the fate of a single film, the ruling has wider implications for how certification disputes are handled. The court’s emphasis on procedural correctness reinforces the authority of statutory bodies while also affirming that their decisions can be subject to judicial review.
Legal experts suggest the judgment could influence future cases involving film certification, especially those concerning transparency, procedural fairness, and the rights of filmmakers.
A constitutional law expert noted, “The ruling strikes a balance between judicial oversight and respect for statutory processes, which is essential in regulatory matters.”
What Happens Next
The case will now return to the single-judge bench, where a fresh hearing will determine whether ‘Jana Nayagan’ receives certification, requires modifications, or faces further regulatory hurdles.
Until a final ruling is issued, the film cannot legally be released, leaving fans, producers, and industry stakeholders awaiting clarity.
