Setback for Vijay's Jana Nayagan: 'Artificial urgency created by producers,' Madras HC pauses order granting censor certificate

The Madras High Court has overturned a single-judge order that directed the Central Board of Film Certification (CBFC) to grant a censor certificate to Vijay's Jana Nayagan. The case has now been remitted for a fresh hearing, pausing the release process and sending the matter back for further judicial review.

After the single-judge order, a division bench stayed the decision and commented on the urgency created by the producers, calling it "artificial urgency and exerting pressure on the judicial process."

Additional Solicitor General ARL Sundaresan, for the CBFC, said the board had not been given sufficient time to file its counter affidavit and the producers had not challenged the January 6 communication referring the film to the revising committee.

During the 20 January hearing, the court criticised the producers for announcing a release date before certification. KVN Productions responded that announcing release dates before certification is common practice, citing Dhurandhar 2 as an example. Jana Nayagan was originally set for release on 9 January, but the delay has raised concerns about its performance with the upcoming Tamil Nadu Assembly elections.

The dispute began when the CBFC delayed certification, subjecting the film to further scrutiny and prompting the producers to approach the court. The division bench noted that principles of natural justice had not been followed and directed the single bench to allow the CBFC an opportunity to respond. Producers were also asked to amend their writ petition.

Senior advocates for KVN Productions argued that the makers were earlier informed the film would receive a U/A certificate, but the certification was never provided. They emphasised that they had made the recommended modifications, yet the board withheld the certificate and referred the film to the revising committee.

Advocate Parasaran highlighted that the CBFC sought the removal of scenes already deleted based on the Examining Committee’s suggestions, calling the Board’s attempt to revisit those scenes redundant.

The CBFC explained that the decision to refer Jana Nayagan to the revising committee was made after a member of the examining committee complained, claiming his objections had not been duly considered. The complaint raised concerns that certain scenes could potentially hurt religious sentiments and inaccurately depict the armed forces.

In the earlier single-judge ruling, it was found that the CBFC Chairperson had acted beyond their authority by ordering a review after the producers had already been informed the film would be certified. The judge also noted issues with the board entertaining complaints from examining committee members after recommendations had been submitted.