ARGUMENTS ADVANCED

Issue3- Whether the ban imposed by state Ranji on entertainment industry

vide notification no 42/2023 is constitutionally valid or not?
It is humbly submitted to the hon’ble court that the ban imposed by state of Ranji
on the entertainment industry vide notification no 42/2023 is constitutionally valid.
3.1 That it promotes violence
Movies and songs in state of Ranji, glorifying weapons have been attracting the
youth in droves for quite some time and this has led to dangerous trend that
ultimately led to become a law and order situation in Ranji where youth were seen
openly parading with guns.
The statistics of illegal weapons recovered every year also proves that there are
many people in Ranji who love weapons adding flavor to their lifestyle.
Surprisingly, no measure or system has been developed to censor this market of
Ranjian songs worth Rs 700 crore. Experts say that such songs have a great impact
on the minds of young people. Professor Mukhwinder Singh Brar, an expert on
Ranjian culture, says that Ranjian culture is a gentle culture, but in the name of
culture, such songs are spoiling the youth and pushing them into committing
crimes. The censor board and the state government should control this trend, say
experts.1
This can be seen in various scenarios when
Punjabi singer Sidhu Moosewala was booked on charges of promoting violence
and gun culture under relevant Indian Penal Code sections, including 188
(disobedience to order) and 294 (obscene acts and songs) and 504 (provocation to
break public peace)
SECTION 294 (Obscene Acts and Songs)
Whoever, to the annoyance of others—
(a) Does any obscene act in any public place, or
(b) Sings, recites or utters any obscene song, ballad or words, in or near any public
place, shall be punished with imprisonment of either description for a term which
may extend to three months, or with fine, or with both.]

1
https://www.sundayguardianlive.com/news/need-censor-punjabi-songs-glorifying-weapons
Here in case of Ranjit D Udeshi v State of Maharashtra (1964) 2Supreme Court
defined obscene as “work can be considered obscene if any portion of it is found to
deprave and corrupt those whose minds are open to such influences”

SECTION 188 (Disobedience to order duly promulgated by public servant).

Whoever, knowing that, by an order promulgated by a public servant lawfully

empowered to promulgate such order, he is directed to abstain from a certain act,
or to take certain order with certain property in his possession or under his
management, disobeys such direction, shall, if such disobedience causes or tends to
cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury,
to any person lawfully employed, be punished with simple imprisonment for a term
which may extend to one month or with fine which may extend to two hundred
rupees, or with both; and if such disobedience causes or trends to cause danger to
human life, health or safety, or causes or tends to cause a riot or affray, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both3.
Here we see that in state of Ranji youth were openly marching with guns and also
immense damage was caused to public property which was deliberately harmed by
these people which caused disturbance in public order and disobedience of basic
rules which are necessary to be followed with prudence of a common man.

SECTION 504 (Intentional insult with intent to provoke breach of the peace.)
Whoever intentionally insults, and thereby gives provocation to any person,
intending or knowing it to be likely that such provocation will cause him to break
the public peace, or to commit any other offence, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
It is seen that movies and songs are one of the biggest sources of inspiration for all
ages of people which can both corrupt your mindset or heighten your morality. The

2
httpshttps://indiankanoon.org/doc/1432790
3
https://indiankanoon.org/doc/1432790
showcase of gun culture highly influences the minds of masses especially the
young minds in a horrendous way this is also quoted in the case
K.A.Abbas v. Union of India 1971 SC 4814
Which said that “films have to be treated separately from other forms of art and
expression because it is able to stir up emotions more deeply than any other
product of art”.
This is not the only case where singers have been booked to promote gun culture
and pollute the mindset of innocent people,
Moose Walla, along with Mankirt Aulakh, was booked for allegedly singing and
promoting the song ‘Pakhiyan, pakhiyan... gun vich panj goliyaan‘.
Punjabi singer Elly Mangat was booked in November 2019 by Ludhiana police for
participating in alleged celebratory firing at a birthday party and sharing the video
on social media.
In March 2020, the Moga police registered an FIR against Punjabi singer Sippy
Gill for allegedly promoting violence and weapons in his track ‘Gundagardi’.
It is humbly submitted to the hon’able court that it is a case of ADEQUATE
PROVOCATION which means ‘Something that would cause a reasonable person
to act without self-control and lose any premeditated state of mind’.
It is a universal fact that when we listen to songs or watch any movie it revolves in
our conscious and subconscious mind and we tend to act in the same way as it was
done in the so watched movies and songs .

WHAT DOES THE DATA SAY

According to the National Crime Records Bureau (NCRB), Punjab reported 2,073
cases related to gun violence between 2016 and 2020.
Even though the state has only 2 percent of the country's population, Punjab holds
more than 10 percent of the gun licenses in the country.

4
https://indiankanoon.org
Punjab has reported 2,073 cases relating to arms between 2016-2020. This
averages out to be about 400 cases per year.5
Increase in Illegal Firearms
Owning a gun has become a fashion statement and a matter of prestige in the state
just because of high influence by movies and songs. This love for firearms has, in
turn, led to a demand for illegal firearms, which are readily available and
affordable According to a report by India Today, illegal arms are mainly smuggled
from Madhya Pradesh and Uttar Pradesh, besides Pakistan 6which ultimately leads
to illegal weapon holding and riots which happened in the above case when public
property was heavily damaged
This data says enough about how promotion of gun culture in the name of movies
and songs has urged the state government to take this step of banning the movies
and songs which promote gun culture.
So it is humbly submitted to the hon’able court that in the present case it has been
keenly observed that the entertainment industry has a high rate of producing songs
movies etc. that promotes violence in them as a result it affects the mind of people
consciously and subconsciously altering their thinking process and glorifies the
gun culture. The youth being hasty in taking action resort to violence as their
decision making skills lack patience and practicality.
3.2 Right of the State Government

It is humbly submitted to the hon’able that it is the right of the state government to
take decision on such aspects.
What is censorship?
‘Censorship’ is a term generally used to connote the process of restricting the
access of ideas and information in apprehension that it may disturb the public
peace. In India, Article 19 (1) (a) of the Constitution of India provides for the
freedom of speech and expression. The constitution is silent as to the medium of
communication of ideas. Nonetheless, this freedom includes the freedom to exhibit
motion films. However, this right is not an absolute one. The state can impose the
restrictions on the content if it is against the interests of public policy, foreign
5
https://ncrb.gov.in/en
6
https://www.indiatoday.in
relations, sovereignty and integrity of the state, public order, decency and morality,
or in relation to contempt of court, defamation or incitement of an offense provided
that such restriction is reasonable.
The States can make laws on cinemas under Entry 33 of the State List which states
the grounds as ‘theatres and dramatic performances, cinemas subject to provisions
of entry 60 of list1; sports, entertainment and amusements’
PRE-CENSORSHIP
Pre-censorship is the prior restraint on art or artistic work. Pre-censorship happens
when the State imposes prior restraint to restrict the freedom of artistic expression
through any form of art. Prior censorship of artistic work is allowed in India in
specific circumstances.
It is observed that In India, there have been instances of prior censorship of films.
In 1970, the “Supreme Court while deciding a challenge to the pre-censorship of a
short film ‘A Tale of Four Cities’ refused to accept the distinction between pre-
censorship and censorship in general and considered both to be within the scope of
reasonable restrictions under Article 19(2). The Court found that pre-censorship is
permitted under the Constitution for maintenance of public order and tranquility”.
This is said in the case of K. A. Abbas v. Union of India, (1970)
Constitutionality of censorship was also held in S. Rangarajan v. P. Jagjivan Ram
(1989) 7The Court opined that cinema caters for a mass audience who are generally
not selective about what they watch. It cannot be allowed to function in a free
market place just as does the newspapers and magazines. Censorship by prior
restraint is, therefore, not only desirable but also necessary.

The Ranji Cinemas(Regulation) Act,1952

SECTION 6 (Power of Government or local authority to suspend exhibition of
films in certain cases)8
(1) The Government in respect of the whole of the State of Punjab or any part
thereof, and the District Magistrate in respect of the district within his jurisdiction
may, if it or he, as the case may be, is of opinion that any film which is being
publicly exhibited is likely to cause a breach of peace, by order, suspend the
7
httpshttps://indiankanoon.org
8
http://bareactslive.com/Pun/pu100.htm
exhibition of the film and during such suspension the film shall be deemed to be
uncertified film in the State, part of the State or district, as the case may be.
(2) When an order under sub-section (1) has been issued by District Magistrate, a
copy thereof, together with a statement of reasons therefor, shall forthwith be
forwarded by the District Magistrate to the Government, and the Government, may
either confirm or rescind the order.
(3) An order made under this section shall remain in force for a period of two
months from the date thereof, but the Government may, if it is of opinion that the
order should continue in force direct that the period of suspension shall be
extended by such further period as it thinks fit.
BREACH OF PEACE

Beach of the peace is a crime that a person engages in some form of unruly public
behavior, including fighting or causing excessively loud noise. When a person’s
words or behavior risks another person’s right to peace and tranquility, he or she
may be charged with disturbing the peace.9
Here due to being highly influenced by movies and songs the gun culture in Ranji
has become a drastic headache as violence has reached its peak and public order is
in great danger.

Responding to a query raised in the Rajya Sabha on the number of films banned in
India since 2014, Union Information and Broadcasting Minister Anurag Thakur
said the CBFC does not have the power to ban a film.
The exhibition of films is a state subject and the state governments are empowered
with licensing and other related matters about the exhibition of films in the state,
he said.

9
https://www.legalmatch.com/law-library/article/breach-of-the-peace.html
SECTION 9 (Power to make rules.)10
The Government may, by notification in the official Gazette, make rules –
b) Providing for the regulation of cinematograph exhibitions for securing the
public safety
Here the state government has power to make such rules and hence the ban
imposed by state of ranji is correct and valid because there was a breach of peace
and danger to safety of public due to perilous environment created by the damages
to public and property.
When question was raised in rajyasabha and responding to such query on the
number of films banned in India since 2014, Union Information and Broadcasting
Minister Anurag Thakur said the CBFC does not have the power to ban a film.

The exhibition of films is a state subject and the state governments are empowered
with licensing and other related matters about the exhibition of films in the state,
he said.11
3.3 MAINTAINENCE OF PUBLIC ORDER
It is humbly submitted to the hon’able court that the state government has power to
make laws related to maintainence of public order as given under schedule 7 entry
1 of state list.
Public order and peace is something that should prevail in every civilized society.
Peace and public order are essential for every civilized society and it is the duty of
the state to maintain the Public Order and Tranquility.
It was held in the land mark judgment of Ram Manohar Lohia case what affects
public order is contextual and is determined by the state. According to the Courts it
has been broadly interpreted that “Something that affects the community at large
and not a few individuals.
The Supreme Court further held that in the case of ‘Public Order’ the community
or a public at large have to be affected by a particular action. The contravention of

10
http://bareactslive.com/Pun/pu100.htm
11
https://indianexpress.com/article/entertainment/entertainment-others/cbfc-cant-ban-films-it-refused-
certification-to-6-films-since-2014-govt-tells-rajya-sabha-7846310/
law always affects order but before it can be said to affect public order, it must
affect the community or the public at large.12
In Karnataka case the Petitioners have argued that,”Public order is an aggravated
for of disturbance that is much higher than a law and order issue”.13

12
Ram Manohar Lohia vs State of Bihar (1965)
13
FIND Karnataka