Supreme Court Directs ‘Jana Nayagan’ Producer to Approach Madras High Court for CBFC Clearance

New Delhi: The release of the much-anticipated Vijay-starrer “Jana Nayagan” has been delayed further after the Supreme Court on Thursday declined to grant the film a censor certificate directly and asked the producers to return to the Madras High Court for relief on January 20.

The film, slated for a Pongal release on January 9, is billed to be Vijay’s last cinematic outing before his full-fledged entry into politics through his newly launched party, Tamilaga Vettri Kazhagam. KVN Productions LLP, the film’s producer, had approached the Supreme Court after the Madras High Court stayed a single-judge order directing the Central Board of Film Certification (CBFC) to immediately grant clearance to the movie.

A bench comprising Justices Dipankar Datta and Augustine George Masih questioned the expedited manner in which the single-judge bench had disposed of the matter in the high court. The Supreme Court suggested that the producers approach the division bench of the Madras High Court, which has scheduled the matter for January 20. The court emphasized that the high court should decide the plea on that date itself.

Senior advocate Mukul Rohatgi, representing the producers, argued that films are perishable commodities and that delays in certification could cause “serious injury.” Rohatgi added that it was a long-standing industry practice to announce a film’s release before CBFC clearance and noted that over 5,000 theatres had been booked for screenings.

Justice Datta remarked on the unusual haste of the single-judge bench, which had disposed of the case within a single day, saying, “We would welcome all judges to dispose of matters within a day or two of their filing. But this should happen in all cases. This is a blistering pace with which the matter was disposed of. The matter was filed on January 6 and decided on 7th.” The bench added that the producers still had the right to appeal before the division bench of the high court.

The bench also pointed out procedural issues with the petition. The CBFC chairperson’s order dated January 6, referring the film to a review committee, was not challenged before the single judge. Rohatgi submitted that a communication received from the CBFC on January 5, which referred the matter to the review committee, was challenged before the single judge. The January 6 order, he said, was uploaded pending that challenge. Justice Datta noted that the writ petition should have been amended to explicitly challenge the January 6 order.

Rohatgi also alleged that the CBFC’s conduct in handling the matter was “mala fide,” implying deliberate procedural unfairness. However, the Supreme Court bench declined to intervene at this stage, directing the producers to pursue their relief before the division bench of the Madras High Court.

On January 9, the Madras High Court had stayed the single-judge bench’s order that had directed the CBFC to grant immediate clearance. The single-judge bench, presided over by Justice PT Asha, had ruled that once the CBFC had decided to grant the certificate, the chairperson did not have the power to refer the matter to the review committee. In response, the CBFC filed an appeal before the high court, which resulted in the interim stay and left the film’s release hanging in uncertainty.

The Supreme Court’s directions mean that the division bench of the Madras High Court is now the authority to determine whether “Jana Nayagan” will receive its censor certification in time for release. The high-profile case has drawn attention not only because of the film’s star power but also due to its political undertones, coinciding with Vijay’s launch into active politics.

The court’s decision underscores the need for procedural clarity in handling film certification cases, especially those involving urgent release schedules. While the film industry routinely announces release dates in advance, the judiciary has repeatedly emphasized that statutory procedures under the CBFC Act and related regulations must be adhered to, even in cases where commercial interests are significant.

Until the high court division bench delivers its judgment, the release of “Jana Nayagan” remains in limbo, leaving theatre owners, distributors, and fans awaiting clarity. The Supreme Court’s ruling essentially redirects the legal battle to the Madras High Court, ensuring that the matter is adjudicated within the proper procedural framework rather than bypassing it through direct intervention.

KVN Productions LLP has maintained that the delay in certification could cause substantial financial and reputational loss, with over 5,000 theatres already booked across India. The production house has urged the high court to expedite its decision to prevent further disruption to the film’s release plans.

As the matter now awaits a hearing before the division bench on January 20, the outcome will determine whether Vijay’s politically significant film can meet its scheduled release or if further delays are inevitable.

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