The Madras High Court has set aside an earlier order that had effectively cleared Thalapathy Vijay's Jana Nayagan for release, holding that the Central Board of Film Certification (CBFC) was not given a proper opportunity to present its case before the film was granted certification. With this ruling, the previous direction to certify the film no longer holds the field and the clearance issued earlier stands null and void.
As a result, Jana Nayagan cannot proceed with its release plans for now. The Division Bench of the Madras High Court has referred the matter back for a fresh consideration, making it clear that the certification process must restart in accordance with established legal principles and procedural fairness.
What the Madras High Court said in Jana Nayagan row
In its verdict, the court noted that, taking into account the points raised in the complaint, the appellant ought to have been given an opportunity before the Central Board of Film Certification was directed to act. The Division Bench set aside the order passed by the single judge, observing that the single judge was not required to go into the merits of the case without granting a proper opportunity to the CBFC and in the absence of a specific prayer challenging the order of the chairperson.
While striking down the earlier direction to certify Jana Nayagan, the court also emphasised the need to follow the principles of natural justice. The matter has therefore been sent back to the single judge with a direction to decide it expeditiously after granting a proper opportunity to the CBFC. The court further asked the production house to amend its prayer before the writ court and to challenge the chairperson’s order as well.
What this means for Jana Nayagan
In practical terms, the High Court held that the CBFC was not given a fair opportunity to put forward its case before the film was granted clearance. On that basis, the court found fault with the earlier approach and set aside the order that had directed the CBFC to certify the film.
The judges were of the view that the decision-making process was flawed because the CBFC was denied a fair hearing. By referring the case back for a fresh hearing, the court has effectively restored the matter to an earlier stage, making it clear that the filmmakers must now properly challenge the CBFC chairperson’s order and await a fresh decision. Until that process is completed, Jana Nayagan remains without censor clearance, bringing the issue back full circle to the question raised in the headline: why the film lost its censor clearance in the first place.
Also read: Madras High Court scraps Jana Nayagan censor clearance, orders fresh review in a big setback to Vijay