State governments should not pass orders to suspend exhibition of films certified by Central Board of Film Certification (CBFC) and only the Centre can take such a step if there is likelihood of an imminent breach of law and order, an I&B ministry appointed panel has said.
In the proposed Cinematograph Bill, a panel headed by former Punjab and Haryana High Court Chief Justice Mukul Mudgal has added a provision specifically stating that only the central government can pass an order of suspension of exhibition of any film and not any state or UT administration.
Many state governments have in the past resorted to use provisions like section 144 of the CrPC, which bars assembly of four or more persons to prohibit screening of films which they felt would affect law and order.
The committee in its report noted that films like "Vishwaroopam" had run into trouble because of action by state governments.
In a draft of the proposed Cinematograph Bill, the panel has provided a provision which says that the central government may suo moto or at the behest of a state government act to prevent the exhibition of a film where it is likely to cause an imminent breach of public order.
The draft adds that no such order should be passed unless a show cause notice setting out the grounds on which action has been taken. It also provides that any person may appeal to the Appellate Tribunal against any such order.
The I&B ministry has put out the report and the proposed draft act in public domain and sought comments from the public. The panel in its draft act has also suggested that at least one third of the total number of members of the Censor Board shall be women.
