Maharashtra Video Theatre Owners ... vs State Of Maharashtra And Ors.
2001 Latest Caselaw 384 Bom

ORDER

Pratibha Upasani, J.

1. Rule, made returnable forthwith. Ms. Kejariwal for respondents waive service. By consent, taken up for hearing.

2. By this writ petition the petitioners are seeking a sort of blanket injunction, praying that the Court be pleased to restrain the respondents, their officers, servants and agents from seizing the TV, VCR, VCP, Video Projector, Screen, Video Compact Discs (VCD) and Player, Laser Discs (LD) and Player, Digital Versatile Discs (DVD) and Player,. Audio Music Systems, Mixer, Amplifier, Wires, Original Master Censored Video Cassettes, Posters, Photo sets etc. and other electronic equipment as per Exhibit E from the respective premises of the petitioner named in the cause title or preventing them from operating Video cinema theatre except the pirated video cassettes. Declaration is also sought that respondents have no authority of law to seize and remove the TV set. VCR, VCP, Video Projector, Screen, Video Compact Discs (VCD) and Player, Laser Discs (LD) and Player, Digital Versatile Discs (DVD) and Player, Audio Music Systems, Mixer, Amplifier, Wires, Original Master Censored Video Cassettes. Posters, Photo Sets etc. and other electronic equipments installed in the Video cinema theatre of the petitioners except the pirated video cassettes.

3. After reading all the averments made in the petition, query is made by the Court whether the Petitioners have narrated anywhere the circumstances which led the petitioners to have apprehension in their mind that the respondents are indeed doing such a thing and whether any instance giving all the particulars is cited by the petitioners in the petition. The answer to this query is fairly given, as "No" by Mr. Mishra, appearing for the petitioners.

4. Ms. Kejariwal, the learned A.P.P. has also vehemently submitted that the averments made in the petition are extremely vague and only a bald statement is made referring the respondents, simpliciter as respondents, without naming as to from which Police Station, who had come to the places of the petitioners and seized the VCR, VCP, TV set, Video Projector, Screen, etc. or made attempt to seize them.

5. Ms. Kejariwal, the learned A.P.P. also drew attention of the Court to Rule 241 to the Maharashtra Cinemas (Regulation) (Amendment) Rules, 1987 (hereinafter referred to as the "Rules). The said Rule can be reproduced for the sake of convenience as follows :

241. Requirements of video-cinema:- A video -cinema shall be exhibited so as to conform to the following requirements, that is to say....

(1) The place where the video-cinema is intended to be exhibited shall be a separate enclosed space, the area of which shall not be less than 40 square meters and it should be on ground floor only.

(2) The enclosed space referred to in Clause (1) shall be such that the exhibition of vide-cinema is not visible from outside and such enclosed space shall, as far as possible, be sound proof and height between ground floor and ceiling should be of minimum 10 feet.

(3) Not more than 30 persons shall be allowed in such enclosed space at a time : Provided that, where such enclosed space is bigger than the minimum area as prescribed in Clause (1), additional persons at the rate of one person per square meter shall be allowed subject to a maximum number of 75 persons.

(4) (i) the distance between the television screen or any other screen used for exhibition of video-cinema and the front row of seats shall not be less than 1.80 meters.

(ii) the television set used for exhibition through the video cassette recorder, video cassette player or any other instruments shall be kept on an elevated fixed platform so as to be visible to the viewers sitting in the last row;

(iii) the size of the television screen or screen used for any other media shall not be less than 51 centimeters;

(iv) chairs with folding seats shall be provided in the enclosed space but they should be fixed with the floor; Sufficient space should be kept between the two rows of the seats but it should not be less than 30 cms. so as to allow free movement of viewers:

(v) the enclosed space shall be well ventilated by providing adequate number of ceiling fans, exhaust fans or installing air conditioner;

(vi) there shall be separate exit and entrance to the enclosed space;

(vii) separate toilet facilities for gents and ladies shall be provided :

(viii) the licensee shall provide adequate safety measures, such as first aid box and fire fighting equipments and water coolers, etc.;

(ix) the licensee shall also produce a certificate from the Electrical Inspector of the area concerned to the effect that electrical fittings and wirings, etc. in the closed space is in order and have been inspected and passed by him;

(x) the licensee shall take adequate precaution to ensure that the enclosed space is kept clean and tidy;

(xi) there shall be no smoking and serving, of, or consumption of, alcoholic drinks in the enclosed space.

(5) The licensee shall not commence exhibition of video cinema earlier than 10 a.m. and in no case video cinema shall be exhibited after 11.30 a.m.

(6) (i) the licensee shall not exhibit any projection of film which is certified as "A' certificate film under the Cinematograph Act, 1952 (37 of 1952) when the assembly of viewers consists of persons below eighteen years of age :

(ii) the licensee shall exhibit outside the enclosed space by placard or by any other means, information regarding the title of the film, nature of Certificate issued by the Censor Board and other particulars such as, Producer, Director and important cast sufficiently in advance before the exhibition of the video cinema show.

(7) The licensee shall maintain, a full and accurate record of total number of persons present at the time of each show. He shall also maintain and supply such other record and details pertaining to the video-cinema show held by him as the licensing authority may demand from him and shall abide by the directions issued by that authority from time to time.

(8) The licensee shall obtain other necessary licenses as may be required under any other Central or State laws : Provided that, provisions of Clauses (1) to (3), Sub-clauses (i), (iv) to (vii) and (ix) of Clause (4), Clause (5) and sub-Clause (ii) of Clause (6) shall not apply to the video-cinema exhibited in omnibuses.

6. Ms. Kejariwal, the learned A.P.P. submitted that a separate license under Section 241 of the Rules has to be obtained from the Commissioner of Police, over and above the permission under Section 2(4)(b) of the Bombay Entertainment Duty Act, 1923 in respect of cinematograph/video exhibition. She further points out that from amongst the petitioners, hardly one or two have the license under Section 24-I of the Rules. Mr. Mishra for petitioner fairly admits that only one petitioner has the requisite license under Rule 24-I of the Rules.

7. Thus, it has become obvious after hearing Mr. Mishra for petitioners and Ms. Kejariwal, the learned A.P.P. that not only the petitioners are running their Video theatres without due compliance of Rule 241 of the Rules, but that, averments are made which are of a very vague nature about the entire police force. Ms. Kejariwal points out that it is not mentioned by the petitioners in the petition as to which Police Personnel from which Police Station ever came to the video theatre of any of the petitioners and tried to seize or actually seized the VCR, VCP, Video Compact Disc, etc.

8. I have carefully, gone through the petition and I find no such averment in the said petition, I thus find substance in the submissions made by Ms. Kejariwal, the learned A.P.P. Mr. Mishra for petitioners also fairly concedes that he has not made any such averment in the body of the petition, nor has the petitioners have any licence under Rule 241 of the Rules, except one petitioner.

9. In view of these circumstances, petition is devoid of any merit, which deserves to be dismissed. Accordingly, following order is passed.

Rule discharged.

Criminal Writ Petition No. 1798 of 2000 is dismissed.