Justice Kirubakaran was not satisfied when counsel for Bollywood actors Salman Khan, Priyanka Chopra and Amitabh Bachchan said that the choreographers designed the content of the programme and they performed as per the agreement they entered with the contractors.
"The performance was according to the agreement and the instructions of the choreographers. The choice of dress was not that of the actors," said counsel for the actors.
They further maintained there was nothing obscene about the performance.
However, the judge asked, "Is it right for you to perform with two piece dress just because the choreographers suggested."
After seeing the photos produced by Neelamegam, counsel for the petitioner, the judge said there is prima facie evidence for the case.
Petitioner K Jebakumar had sought initiation of criminal action against the Bollywood actors, cricketers and other celebrities besides BCCI office bearers for the 'obscene' performance during the inaugural ceremony.
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Centre told the court that Information and Broadcasting Ministry had set up an Electronic Media Monitoring Centre for monitoring any violation of programmes under Cable TV Networks Act 1995.
Under Secretary of the I&B Ministry D C Pathak submitted the Act regulated programmes and advertisements by prescribing programme code.
Various guidelines also had been issued to comply with the programme and advertising code. Though the act does not provide for pre-censorship, there were codes to be followed.
He was responding to the court's directive to reply on the plea seeking action against BCCI and others for telecasting inaugural function of IPL-V with 'obscene' dances, whether there was any mechanism to regulate broadcasters from broadcasting contents that were obscene.