Reference to foreign powers creating 'conflict,' Army needs 'due verification': Madras High Court on Jana Nayagan row

Chennai: Caught in a certification row, actor Vijay's "Jana Nayagan" apparently has references about foreign powers creating conflict in the country, which may "disturb communal harmony," besides those concerning the Army, the Madras High Court has said, adding these required verification before screening.

In a setback to the release of mega budget movie, the HC had on Tuesday set aside an order of a single judge that directed the Central Board of Film Certification (CBFC) to grant forthwith the censor certificate to the film.

The detailed order was made available on Wednesday.

The First Bench comprising Chief Justice M M Shrivastava and Justice G Arul Murugan in its order dated January 27, allowed the writ appeal filed by CBFC, challenging an order of Justice P T Asha dated January 9, 2026, which also quashed the decision taken by the Chairperson of the board to refer the matter to the Revising Committee.

"From the records, as produced by the appellants, which we had perused during the course of hearing, it appears that the basis for referring the film for examination of the Revising Committee, a larger body, was because the film has some visuals and dialogues in which foreign powers are creating religious conflict at large scale in India, which may disturb religious harmony. In addition, it was also stated that there are many Army related references in the film, but no defence expert has been included....to address these issues," the bench said.

The bench said the issue raised, indeed, was a serious one and required due verification before screening. That seems to be the principal reason why the Chairperson, CBFC, decided to refer the film for examination to the Revising Committee. It was, therefore, all the more necessary that proper opportunity of hearing ought to have been afforded to the appellants to file their counter affidavit and support the decision taken by the Chairperson, CBFC, the bench added.

The bench said since it has held that proper opportunity was not afforded to the appellants and the writ petition was also not maintainable unless the relief sought was for issuance of writ of certiorari to quash the decision taken by the Chairperson, CBFC, the decision of the writ court delving into the merits of the matter has to go. In view of the findings rendered herein above, it was not necessary for it to go further into the merits of the case and the same was kept open, the bench added.

"As an upshot of the above discussion, the appeal is allowed and the impugned order passed by the Single Judge is set aside. However, in the circumstances of the case and in the interest of justice, instead of dismissing the writ petition, we are inclined to give the writ petitioner/respondent (M/s KVN Productions LLP, producer of the film "Jana Nayagan") an opportunity to suitably amend the writ petition in view of the observations made herein above".

"The writ petition is restored to its original records and file. If the respondent suitably amends the writ petition, the Single Judge may grant reasonable opportunity to the appellants (CBFC) to file counter affidavit and thereafter, the parties may pray for expeditious disposal of the writ petition on its own merits. We make it clear that it will be open for the Single Judge to decide whether or not the decision to refer the film for examination of the Revising Committee was in accordance with law or not"," the bench added.