CBFC Challenges Madras HC Order Directing “UA 16+” Certification for Jana Nayagan
Board argues single judge bypassed due process by issuing certification order without hearing its response, as legal battle delays Vijay-starrer’s planned Pongal release.
The Central Board of Film Certification (CBFC) on Tuesday told the Madras High Court that a single judge had erred in directing it to grant a “UA 16+” certificate to the Tamil film Jana Nayagan, starring actor Vijay, arguing that the order was passed without giving the Board a proper opportunity to present its case.
The submission was made before a division bench comprising Chief Justice M M Shrivastava and Justice Arul Murugan, which was hearing the CBFC’s appeal against a January 9 order that directed the Board to certify the film. After hearing arguments from both sides, the bench reserved its verdict.
Appearing for the CBFC, Additional Solicitor General A R L Sundaresan said the single judge, Justice P T Asha, had decided the matter without allowing the Board to file a counter affidavit. He pointed out that a January 6 communication from the CBFC chairperson had been set aside even though it was not specifically challenged, and that the Board was denied an opportunity to place its response on record.
Sundaresan further argued that the December 22 recommendation of the examining committee to grant a “U/A 16+” certificate, subject to 14 cuts, was only an intermediate step and not a final statutory decision under the Cinematograph (Certification) Rules. Despite this, he said, the court chose to rule solely on the material available at the time.
The dispute centres on Jana Nayagan, directed by H Vinoth and featuring Vijay, who recently launched his political party, Tamilaga Vettri Kazhagam (TVK). The film has been widely described as his final project before entering full-time politics.
The issue arose on January 6 when the CBFC chairperson decided to refer the film to a Revising Committee, even though the Examining Committee of the CBFC’s Chennai regional office had already cleared it for a “U/A 16+” certificate with certain edits.
Challenging this move, the film’s producer, KVN Productions, approached the Madras High Court. On January 9, Justice Asha quashed the chairperson’s referral order and directed the CBFC to issue the certificate, holding that the chairperson had acted without jurisdiction by reopening the certification process after the examining committee’s clearance.
The referral to the Revising Committee, which cited complaints related to religious sentiments and the depiction of the armed forces, resulted in a delay of the film’s planned Pongal release on January 9.
Sundaresan told the division bench that the producers were aware of the January 5 communication regarding the Revising Committee and could have challenged it directly, but chose not to. Despite the absence of a specific request to quash that communication, he said, the single judge proceeded to do so.
Representing KVN Productions, senior advocate Satish Parasaran argued that the CBFC had effectively accepted the examining committee’s recommendation by December 22, leaving only the formal issuance of the certificate. He contended that the sudden referral to a Revising Committee was disproportionate and threatened the film’s release schedule.
The bench, however, questioned how a release date could be announced before certification was granted. It expressed concern that the CBFC was not given even a day to respond before the single judge’s order, cautioning that such an approach could set an unhealthy precedent. The court also rejected the producers’ claim that the matter was resolved quickly due to the absence of factual disputes, observing that the urgency had been created by the producers themselves.
According to KVN Productions, Jana Nayagan was submitted for certification on December 18, 2025, and had already undergone scrutiny when the referral to the Revising Committee triggered the present legal challenge.