JUDGMENT 1. - This appeal has been filed by appellant-Rajasthan Chapter of Indian Association of Lawyers through its Secretary challenging the judgment and order dated 27.01.1997 passed by the learned Single Judge by which the learned Single Judge has dismissed the writ petition. 2. The appellant herein is an Association and as per the averments made in the writ petition, it is interested in enforcing the rule of law and interested in creating confidence of the public at large in judicial system. The grievance of the appellant-petitioner is that in some of the motion pictures, the court scenes are not properly projected and the scenes are exhibited in such a manner that it lowers down the image of the judiciary in the public at large. It is averred in Para 3 of the writ petition that the Judges are shown lacking knowledge of law and human affairs and being mute spectators of violation of law. Lawyers are also shown as persons sold to criminals and are also shown indulging in tampering with evidence which shocks the faith and 5 confidence of the people in judicial system. In Para 4 it is averred that in various films, court scenes are not properly shown. The petitioner Association being concerned with dignity and sovereignty of the judicial system, preferred the writ petition praying for the direction that such films should not be permitted to be exhibited and certificate should not be granted D for exhibiting such films as the same would be against the interest, sovereignty and integrity of India. It is also the case of the petitioner that by showing such court scenes in the films, it may amount to defamation and contempt of the Court. Therefore, the petitioner in Para 10 prayed for the following reliefs: "It is therefore respectfully prayed that by an appropriate writ, order or direction the Hon'ble Court may be pleased to lay parameters within which the Court scenes and scenes pertaining to the judicial system can be allowed to be exhibited in a film and direct the respondent Censor Board not to certify a film fit for being exhibited if it contains o any court scenes or any matter pertaining to the judicial system which does not fall within the parameters and direct the Union of India in its turn to ensure that the film Censor Board acts within the parameters laid down by the Court. It is further prayed to direct the Union of India to appoint a retired 5 Judge of the Hon'ble Supreme Court or this Court or eminent Jurist as Chairman or a member of the Censor Board with a duty casts upon him not to allow certification of a film for exhibition which depict the court and the Judicial system except in accordance with the parameters laid down by this Court." 3. The writ petition filed by the appellant was dismissed by the learned Single Judge vide impugned order dated 27.01.1997 on the ground that the petition was filed mainly challenging some of the scenes of film "Shanshah" and the said film was released as far as 5-7 years back before filing of the writ petition. The learned Single Judge also found that no direction can be ,5 given as prayed for in the petition regarding appointment of jurist or a retired judge of Supreme Court or High Court on the panel of Censor Board as members can be appointed only in accordance with law under the Cinematograph Act, 1952 (hereinafter to be referred as "Act 1952"). Against the aforesaid order of dismissing the writ petition, the original petitioner has filed this Special Appeal before this Court. 4. Learned counsel Mr. A.K. Chodhary who is appearing for the appellant has vehemently submitted that the learned Single Judge has committed grave error in dismissing the petition on the ground that the challenge in the petition is made in connection with some of the scenes of film Shanshah which was released 5-7 years back. It is also submitted by Mr. Choudhary that in the writ petition general prayers were also made against the Censor Board and same was not filed solely in connection with the objectionable scenes of film Shanshah. It is also submitted by him that some scenes were picturised in derogatory manner which may even amount to contempt of the Court, and therefore, in the writ petition, prayer was made to include a retired Judge of either Supreme Court or High Court as well as an eminent jurist in the panel of the Board. It is submitted by Mr. Choudhary that nowadays also court scenes are not projected in proper manner and even the advocates are shown to have indulged in corrupt practice or found to be tempering with the evidence. It is also submitted by Mr. It is submitted by Mr. Choudhary that nowadays also court scenes are not projected in proper manner and even the advocates are shown to have indulged in corrupt practice or found to be tempering with the evidence. It is also submitted by Mr. Choudhary that since the Censor Board is rot minutely examining all these aspects of the matter, it is required that this Court may give necessary directions as prayed for in this petition. 5. On the other hand, learned counsel Mr. Rajesh Joshi appearing for the Union of India submitted that the petition filed by the present appellant is absolutely vaxacious as no ground is made out for entertaining the petition. According to Mr. Joshi, the Act of 1952 is a complete code by itself and adequate provisions have been made therein to meet with such exigency. It is submitted by Mr. Joshi that under Section 3 of the Act of 1952, the Board is created known as the Board of Film Certification which consists of a Chairman and other members and such members are appointed by the Central Government. It is submitted by him that before exhibiting the film, the person is required to submit an application in the prescribed form to the Board for getting certificate and the Board may grant such sanction to the film. However, the Board is required to form an opinion in this regard. It is further submitted that those who are experts in the subject are appointed as members of the Board. It is also submitted that there is a further provision of appeal against the decision of the Board as well as the remedy of review before the Central Government. It is humbly submitted that if it is found that a particular film contains some contemptuous court scenes, the Board can certainly refuse permission and may not grant certificate for exhibiting the film. 6. We have heard learned counsel for the parties and carefully gone through the impugned order and also perused the averments made in the writ petition. 7. It is humbly submitted that if it is found that a particular film contains some contemptuous court scenes, the Board can certainly refuse permission and may not grant certificate for exhibiting the film. 6. We have heard learned counsel for the parties and carefully gone through the impugned order and also perused the averments made in the writ petition. 7. It is required to be noted that under the Act of 1952 there is a statutory provision for establishing the Censor Board and the duty has been cast upon the Censor Board to consider whether permission is required to be granted for exhibiting the film in the public and if in a given case, the film contains some objectionable scenes, the Board can refuse the permission for exhibiting such film. Learned counsel Mr. Choudhary, however submitted that a poor villager or ordinary citizen may not be in a position to approach the Censor Board or the appellate authority to point out that any particular film contains objectionable scene, therefore, it is this Court to set the things right. 8. We are not impressed with this argument at all. At this stage reference is required to be made to certain provisions of the Act of 1952. 9. The Censor Board is created under Section 3 of the Act of 1952 which reads as under: 3.Board of Film Certification - (1) for the purpose of sanctioning films for public exhibition, the Central Government may, by notification in the official Gazette, constitute a Board to be called the Board of Film Certification which shall consist of a Chairman and not less than twelve and not more than twenty five other Members appointed by the Central Government. (2) The Chairman of the Board shall receive such salary and allowances as may be determined by the Central Government, and the other members shall receive such allowances or fees for attending the meetings of the Board as may be prescribed. (3) The other terms and conditions of service of the members of the Board as may be such as may be prescribed. 10. Section 4 of the Act of 1952 provides as under: 4. Examination of films. (3) The other terms and conditions of service of the members of the Board as may be such as may be prescribed. 10. Section 4 of the Act of 1952 provides as under: 4. Examination of films. - (1) Any person desiring to exhibit any film shall in the prescribed manner make an application to the Board for a certificate in respect thereof, and the Board may, after examining or having the film examined in the prescribed manner (i) sanction the film for public exhibition: Provided that, having regard to any material in the film, if the Board is of the opinion that it is necessary to caution that the question as to whether any child below the age of twelve years may be allowed to see such a film should be considered by the parents or guardian of such child, the Board may sanction the film for unrestricted public exhibition with an endorsement to that effect; or (ii) sanction the film for public exhibition restricted to adults; or (iia) sanction the film for public exhibition restricted to members of any profession or any class of persons; having regard to the nature, content and theme of the film; or (iii) direct the applicant to carry out such excisions or modifications in the film as it thinks necessary before sanctioning the film for public exhibition under any of the foregoing clauses; or (iv) refuse to sanction the film for public exhibition. (2) No action under any of provisions quoted above shall be taken by the Board except after giving an opportunity to the applicant for representing his views in the matter. 11. Section 5 of the Act of 1952 provides as under: Advisory panels - (1) For the purpose of enabling the Board to efficiently discharge its functions under this Act,the Central Government may establish at such regional centres as it thinks fit, advisory panels each of which shall consist of such number of persons, being persons qualified in the opinion of the Central Government to judge the effect of films on the public, as the Central Government may think fit to appoint thereto. (2) At each regional centre there shall be as many regional officers as the Central Government may think fit to appoint, and rules made in this behalf may provide for the association of regional officers in the examination of films. (2) At each regional centre there shall be as many regional officers as the Central Government may think fit to appoint, and rules made in this behalf may provide for the association of regional officers in the examination of films. (3) The Board may consult in such manner as may be prescribed, any advisory panel in respect of any film for which an application for a certificate has been made. (4) It shall be the duty of every such advisory panel whether acting as a body or in committees as may be provided in the rules made in this behalf to examine the film and to make such recommendations to the Board as it thinks fit. (5) The members of the advisory panel shall not be entitled to any salary but shall receive such fees or allowances as may be prescribed. 5A. Certification of films. - (1) If, after examining a film or having it examined in the prescribed manner, the Board considers that - (a) the film is suitable for unrestricted public exhibition or, as the case may be, for unrestricted public exhibition with an endorsement of the nature mentioned in the proviso to clause (i) of sub-section (1) of Section 4, it shall grant to the person applying for a certificate in respect of the film a "U" certificate or, as the case may be, a "UA" certificate; or (b) the film is not suitable for unrestricted public exhibition, but is suitable for public exhibition restricted to adults or, as the case may be, is suitable for public exhibition restricted to members of any profession or any class of persons, it shall grant to the person applying for a certificate in respect of the film an "A" certificate or, as the case may be, a "S" certificate or, as the case may be, a "S" certificate, and cause the film to be so marked in the prescribed manner; Provided that the applicant for the certificate, any distributor or exhibition or any other person to whom the rights in the film have passed shall not be liable for punishment under any law relating to obscenity in respect of any matter contained in the film for which certificate has been granted under clause (a) or clause (b). (2) A certificate granted or an order refusing to grant a certificate in respect of any film shall be published in the Gazette of India. (3) Subject to the other provisions contained in this Act, a certificate granted by the Boars under this section shall be valid throughout India for a period of ten years. 5B. Principles for guidance in certifying films - (1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of India, the security, of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to inside the commission of any offence. (2) Subject to the provisions contained in sub-section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public exhibition. 12. Thus, considering the aforesaid provisions of the Act, we are of the view that a complete machinery has been provided under the Act of 1952 and there is specific provision under Section 5B laying down principles for certifying films. Even there is a provision for suspension of certificate under Section 5(e) of the Act. 13. Considering the aforesaid aspect of the matter, in our view, no direction can be given asking the Central Government to appoint any particular person as a member of the Advisory Board. It is for the appropriate Government to appoint a person who may according to its wisdom is an expert on the subject and this Court cannot direct that only a particular person may be appointed as a member of Chairman of the Board of Advisory Committee as the case may be. 14. In this view of the matter, we do not find any substance in the present appeal especially when there is no material before us for coming to the conclusion that the Censor Board or the Advisory Board is not discharging its duty properly. 14. In this view of the matter, we do not find any substance in the present appeal especially when there is no material before us for coming to the conclusion that the Censor Board or the Advisory Board is not discharging its duty properly. If ultimately it is found by the Censor Board or the Advisory Board that certain scenes in the film are not properly projected or in the film there is an attempt to ridicule the judicial system by projecting certain scenes, we have no doubt in our mind that the appropriate authority can certainly take appropriate steps before granting certificate for exhibition. We may also state that even in a given case, if any material is placed before the Court then such case can be examined individually by the Court on its own merits. 15. Considering the aforesaid aspect of the matter, even though the appellant has approached this Court with a loud-able object, in our opinion no direction as prayed can be given especially when there is no material produced for justifying such prayer. The learned Single Judge, has therefore, rightly declined to grant any relief and we agree with the same. 16. Before parting with the judgment we would like to add that the young generation of today is very heavily guided by the scenes projected in the Films or Television Serials. It is, therefore, pious duty of the concerned authority who is in-charge of censoring the film to see that the cultural value of the country is not permitted to be tarnished and image of any institution is not tainted by permitting to exhibit certain scenes in a film or Television Serial as ultimately, today's young generation is hope of tomorrow and ultimately, there is heavy influence on the youngsters as the films and television channels plays an important role in character building of young generation as ultimately it is for the concerned authority to see how the cultural values of this country is preserved. 17. We are sure that the authority concerned will look into this aspect of the matter in proper manner as it is the duty of everyone to see that the young generation is not spoil-ed or everybody should see to it that the cultural values of our country are preserved and nobody can be allowed to take liberty with the same. We are sure that the authority concerned will look into this aspect of the matter in proper manner as it is the duty of everyone to see that the young generation is not spoil-ed or everybody should see to it that the cultural values of our country are preserved and nobody can be allowed to take liberty with the same. It is for the authority concerned to consider this aspect while screening the film and we decline to go into this aspect of the matter or to add anything more in this behalf. 18. In view of what has been stated above the appeal is devoid of merit and hence the same is dismissed. The appellant is permitted to produce a copy of this order before the concerned authority/ Board.Appeal Dismissed. *******