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Supreme Court Of India

Hon'ble Judge(s): Dipak Misra, Sanjay Kishan Kaul , JJ

(A) Constitution of India , Art.19(1)(a), Art.21— Freedom of speech and expression - Right of - Cannot be negated by doctrine of sub-judice. Cinematograph Act (37 of 1952) , S.3— In instant case, petitioner, registered society seeking appropriate directions for prohibiting release/screening/publishing feature film 'Aiyaary' on ground that petitioner's society in film projected in such unacceptable manner that it is likely to have some impact on litigations which are pending and affects reputation of members of society and would affect Right to life under Arts. 14 and 21. Certificate granted by Central Board of Film Certification after consulting with authorities of Army should dispel any apprehension of members or society. Doctrine of sub-judice may not be elevated to such extent that some kind of reference or allusion to member of society would warrant negation of right to freedom of speech and expression which is extremely cherished right enshrined under Constitution. The moment right to freedom of speech and expression is atrophied, not only right but also person having right gets into semi coma. Said right is not absolute but any restriction imposed thereon has to be extremely narrow and within reasonable parameters. (2015) 6 SCC 1, Disting.(Para 3 17) ....