The Hindu : Karnataka News : Petition challenging moratorium on films dismissed

Online edition of India's National Newspaper
Tuesday, Nov 23, 2004

Karnataka

Karnataka

Petition challenging moratorium on films dismissed

By Our Staff Reporter

BANGALORE, NOV. 22. A Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice S.R. Nayak on Monday dismissed a petition by S. Vasudeva, advocate, challenging the moratorium on screening non-Kannada films in the State.

The petitioner contended that the moratorium was illegal and unconstitutional. Besides, the direction of the Government against screening non-Kannada films was wrong, he said and added that the high-level committee headed by the Additional Chief Secretary, K.P. Pandey, had erred in recommending the moratorium. The moratorium would ensure that many cinema halls went out of business, he said.

The petitioner said the people had the right to choose the films they wanted to view.

The Government submitted that there was no executive order on the moratorium. It said the dispute on the screening of non-Kannada films was within the film industry and the Government was not connected with it.

Petition disposed of

The Karnataka High Court on Saturday disposed of with certain observations, a petition by an educational institution challenging the Indian Newspaper Society (INS) ban on the institution's advertisements in two English newspapers.

The petitioner, S.G.R. Technical Education Society of Bangalore, said that in May 2004, it had approached The Times of India and Deccan Herald in Bangalore to publish its advertisements.

The newspapers rejected the advertisement as there was an embargo by the INS on the petitioner.

On May 29, 2004, the petitioner approached the INS and asked for the ban to be lifted. It said it had not retained S.D. Enterprises of Bangalore to release the advertisements.

When the INS did not intervene, the petitioner approached the Press Council of India seeking its intervention to direct the INS to withdraw the embargo.

The council, on July 16, 2004, stated that the INS was not a newspaper and, hence, did not come under its jurisdiction. The petitioner urged the court to direct the council to hold an inquiry into the issue and declare that the INS had no jurisdiction in framing rules on regulation of advertisements.

The petitioner also urged the court to direct the two newspapers to publish the advertisements.

Justice Manjunath observed that the petitioner could always approach the Press Council and if ever such a complaint was lodged, the same would have to be adjudicated by the Press Council in accordance with law.

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