The controversy surrounding the censor clearance of Vijay-starrer Jana Nayagan has now escalated to the Supreme Court of India, after the film’s producer, KVN Productions, filed an appeal challenging an interim stay order passed by the Madras High Court that has thrown the film’s release into uncertainty.
The appeal arises from a sequence of judicial developments earlier this month. On January 9, a single-judge Bench of the Madras High Court, presided over by Justice P.T. Asha, directed the Central Board of Film Certification (CBFC) to clear Jana Nayagan for release forthwith. The order was based on the recommendation of an examining committee of the CBFC, which had agreed to grant the film a U/A 16+ certificate subject to certain cuts.
The producers complied with these suggestions and made the required edits. However, shortly after, a complaint was submitted by one of the CBFC examining committee members, alleging that certain scenes in the film could hurt religious sentiments. The complainant also raised objections to scenes depicting the defence forces, arguing that these should be reviewed by a defence expert before certification.
Acting on this complaint, the CBFC decided to refer the film to a revising committee, despite having earlier indicated that the certification process was nearing completion. This sudden change prompted KVN Productions to move the Madras High Court urgently, contending that the referral would delay the release of the film, which was scheduled to hit theatres on January 9.
After hearing arguments over January 6 and 7, Justice Asha ruled in favour of the filmmakers. In her January 9 order, she held that once an examining committee had recommended certification and the filmmakers had agreed to carry out the suggested cuts, the CBFC chairperson could not unilaterally refer the film to a revising committee. The judge emphasised that such a referral, at that stage, lacked justification and would undermine procedural certainty under the Cinematograph Act and the CBFC’s own guidelines.
However, the relief was short-lived. Within hours of the single-judge order, the CBFC urgently mentioned the matter before a Division Bench of the Madras High Court. A Bench led by Chief Justice M.M. Shrivastava stayed Justice Asha’s verdict, citing procedural fairness.
The Division Bench observed that the Union government and the CBFC had not been granted adequate time to file their response before the single-judge decision was rendered. On this ground alone, the operation of the order directing immediate clearance of the film was stayed.
Court questions CBFC procedure
It is this interim stay that KVN Productions has now challenged before the Supreme Court. In its appeal, the producers have argued that the Division Bench’s order effectively nullifies a reasoned judicial finding without addressing the merits of the case. The producers contended that last-minute objections, raised after compliance with the examining committee’s directions, amount to arbitrary interference with artistic expression and commercial certainty.
The dispute has attracted heightened attention because Jana Nayagan is being projected as the final film of Vijay, one of Tamil cinema’s biggest stars. The film assumes added political significance in light of Vijay’s recent entry into politics through the formation of the Tamilaga Vettri Kazhagam (TVK).
At a broader level, the case revives long-standing questions about the scope of the CBFC’s powers, internal dissent within certification committees, and the balance between censorship, administrative discretion, and freedom of expression.
The Supreme Court’s intervention is expected to clarify whether the CBFC can reopen the certification process after an examining committee’s recommendation has been accepted and acted upon by filmmakers.
The plea is likely to be listed in the coming week.
