The Supreme Court has scheduled a hearing in January to deliberate on a plea raising concerns about the pre-censorship of films under the Cinematograph Act. The petition, filed by veteran actor-director Amol Palekar, questions the relevance of pre-censorship in the digital age and challenges several provisions of the Act.

The matter came up before a bench comprising Justice B R Gavai and Justice K V Viswanathan. During the hearing, the bench expressed its reservations about petitions being filed directly before the Supreme Court, observing, “Why should all such petitions be filed directly before the Supreme Court?” In response, the petitioner’s counsel submitted that the pleadings in the case were complete.

Elaborating on the plea, the counsel argued that documentaries do not fall within the definition of cinematograph as defined under the Cinematograph Act. The bench noted that the plea also touches upon the broader issue of pre-censorship of films.

The petitioner’s counsel highlighted that the Cinematograph (Amendment) Act, 2023, notified by the government in August last year, does not adequately address the concerns raised in the petition. Emphasising the urgency of the matter, he requested the court to schedule the hearing in January and assured that a concise written synopsis would be submitted.

Appearing for the Centre, Additional Solicitor General Aishwarya Bhati pointed out the need for the apex court to consider a high court’s perspective on such issues. She also referred to ongoing regulations for Over-The-Top (OTT) platforms, suggesting that the field of law surrounding such media is still evolving. However, the petitioner’s counsel countered that the regulations for OTT platforms do not adequately address concerns specific to documentaries. To this, the counsel for centre remarked, “It is a developing field.”

After hearing the submissions, the bench acceded to the petitioner’s request and scheduled the matter for the week commencing January 15, 2025.

Case Details- Amol Palekar v. Union of India Ministry of Information and Broadcasting through secretary and Anr. (W.P. (C.) No. 187/2017